31,

32.

33:

gaming facility. The NIGC shall complete a review of the Nation’s MICS
procedures and issue a determination regarding the adequacy of the procedures
within fourteen (14) days of the Nation’s submission of such. The Nation will not
open or re-open any gaming facility until the NIGC review is complete and the
determination is made that the MICS procedures are adequate and acceptable.
Should the NIGC not issue a determination within fourteen (14) days of the
Nation’s submission, the submission shall be deemed approved for the limited
purpose of compliance with this agreement.

In accordance with 25 C.F.R. § 542.3(f), the Nation agrees to submit the required
“Agreed Upon Procedures” report of findings for each of the Nation’s gaming
facilities within one hundred and twenty (120) days of the gaming operation’s
fiscal year end.

The Nation will notify the NIGC at least ninety (90) days in advance of the start
of construction of any new gaming facility.

The Nation agrees that it will not open any future gaming facilities without first
submitting its own written certification to the NIGC certifying that the land upon
which the gaming facility resides is “Indian lands” under IGRA. Such
certification will provide an explanation, supporting documentation and the
Nation’s analysis regarding why the land upon which the gaming facility resides
or will reside constitutes “Indian lands” upon which the Nation may conduct
gaming under IGRA. See 25 U.S.C. §§ 2703(4), 2710, and 2719. Such
certification will be conveyed to the NIGC one hundred and twenty (120) days

prior to the opening of any future gaming facility.


payment from twenty percent (20%) of the Nation’s net gaming
revenues to ten percent (10%) of the Nation’s net gaming revenues. |
c. Eighteen (18) months from the Effective Date, the Commission will
reconsider the Nation’s second petition for reduction and/or
modification of the Nation’s civil fine assessment taking into
account the Nation’s compliance with the terms and conditions
herein. Thereafter, if the Nation’s second petition for reduction
and/or modification is denied, the Nation shall continue to make
payments toward civil fine assessments CFA-00-06 and CFA-00-10,

pursuant to paragraph 41 of this agreement.

Prerequisite Conditions
11. The Nation agrees to achieve the following conditions prior to receiving
authorization from the NIGC that it may submit civil fine payments under the
revised payment schedule described in paragraph 10(b) of this Agreement. The
Nation further agrees to maintain these conditions for the duration of this
Agreement.

12. The Nation will achieve and maintain compliance with NIGC regulations and the
tribal gaming ordinance regarding background investigations and licensing of key

employees and primary management officials.

As set forth in the Pre-opening Agreement, for purposes of this agreement, the term “Net Revenues” is
defined in 25 C.F.R. § 502.16. Accounting for Net Revenues will be performed in accordance with
generally accepted accounting principles. Net revenues from the sale of food and beverages or from the
sale of souvenir items is not intended to be included in the Net Revenues from gaming operation as used
herein. Expenses will include only direct gaming related expenses and will not include depreciation. See
Pre-opening Agreement {29 (December 12, 2003).


a. Account for its net gaming revenue each quarter of each year, as of the first
day of January, April, July, and October;
b. Provide an accounting of these quarterly net gaming revenues and the
appropriate quarterly civil fine payment to the NIGC by the first day of
February, May, August, and November, of each and every year, until the Civil
Fine Assessment is paid in full, unless the Civil Fine Assessment amount is
reduced by subsequent agreement; and
c. Pay the quarterly civil fine payment by check payable to the Treasurer of the
United States and sent to: Administrative Officer, National Indian Gaming
Commission, 1441 L Street NW, Suite 9100, Washington, DC, 20005.
42. The parties agree that after the Effective Date, this Agreement shall be a public
document and may be published or disclosed by either party.
43. This Agreement may be executed in one or more counterparts and each shall
constitute an original. A signature produced by facsimile shall be deemed to be
an original signature and shall be effective and binding for the purposes of this

Agreement.

revenues from the sale of food and beverages or from the sale of souvenir items is not intended to be
included in the Net Revenues from gaming operation as used herein. Expenses will include only direct
gaming related expenses and will not include depreciation.



20.

21.

22.

February, May, August, and November, of each and every year, until the Civil
Fine Assessment is paid in full, unless the Civil Fine Assessment amount is

reduced by subsequent agreement; and

2

Pay the quarterly civil fine payment by check payable to the Treasurer of the
United States and sent to: Administrative Officer, National Indian Gaming
Commission, 1441 L Street NW, Suite 9100, Washington, DC, 20005.

Article IV. OBLIGATIONS OF THE NATION
The Nation will comply with the terms of this Agreement. The SNGC shall be
responsible for monitoring the Nation’s compliance with the terms and conditions
of this Agreement and all applicable tribal, State, and Federal gaming laws and
regulations.
The Nation shall safeguard the independence of the SNGC’s regulatory authority
by shielding it from improper influence with its legitimate exercise of authority or
its ability to lawfully discharge its powers, duties, and responsibilities in
accordance with the Nation’s gaming ordinance and regulations, provided that
nothing in this Agreement shall be construed to prevent the Nation from removing
any member of the SNGC for just cause in accordance with the Nation’s gaming
ordinance nor shall this Agreement be construed to prohibit the Nation from
amending its gaming ordinance to increase the Nation’s overall regulatory
framework pursuant to 25 U.S.C. § 2710.
The SNGC shall have sole discretion to utilize and spend for its day-to-day

operations such amounts as are authorized in its annual budget, which shall not


b. To fund law enforcement, including, but not limited to: direct
services, programs, training, equipment, supplies, and other direct
and indirect costs;

C. To fund social service programs, including domestic violence,
family services, juvenile delinquency prevention, substance abuse
treatment, and interdiction programs;

d. To fund educational programs and scholarships for higher
education, including adult, vocational, and continuing education
programs for tribal members, officials, and employees, including
employees of tribal enterprises;

e. To fund educational institutions or programs with the
understanding that the Nation will provide a quarterly donation of
no less than five thousand dollars ($5,000.00) to a state accredited
university or college of its choice within the State of Oklahoma,
for the establishment or continued funding of a basic accounting
under generally accepted accounting principles course and/or other
curricula pertinent to the management, operation, or regulation of
tribal gaming, which will be available to Seminole students; and

f, To fund the establishment and subsequent operation of the
Nation’s judiciary and court sponsored programs.

15. | The Nation acknowledges and agrees that:
a. The redirected funds will be used to establish new programs within

the listed categories in paragraph 14 and/or to supplement current


14.

Once the Nation has achieved compliance with the paragraph 12, the Nation will
provide written notification to the NIGC stating such. Upon receipt of the written
notification, the NIGC will have thirty (30) days to complete a review and
assessment of the Nation’s compliance with NIGC’s regulations regarding
licensing of key employees and primary management officials. The NIGC will
provide written notification to the Nation regarding its determination. In that
regard, if the NIGC is able to confirm compliance with NIGC regulations
regarding licensing of key employees and primary management officials, the
NIGC will provide written notification to the Nation that it may begin making
payments pursuant to Article II, 410(b) of this Agreement.
Article III. USE OF AMOUNTS OTHERWISE PAYABLE

Pursuant to this Agreement, the NIGC agrees to reduce the quarterly payment in
accordance with paragraph 10(b) of this Agreement, provided that the amount that
would otherwise be payable to the U.S. Treasury under the terms of the Pre-
opening Agreement is used only for the following purposes:

a. To fund the regulation of the Nation’s gaming activities, including
but not limited to: staff training, and the purchases of equipment
and supplies for officials and employees of the SNGC; special
contractual services related to investigations or other regulatory
functions; the development and maintenance of record keeping
systems; subscriptions to private databases and data services; and

other regulatory costs incurred by the SNGC;


AGREEMENT TO MODIFY THE CIVIL FINE ASSESSMENT PAYMENT
SCHEDULE PENDING THE COMMISSION’S CONSIDERATION OF
THE NATION’S PETITION FOR REDUCTION AND/OR
MODIFICATION OF CIVIL FINE ASSESSMENT

SIGNATURES

For the — of Oklahoma:
A Zz Zo, Date: 3) ay | oY

By:
Principal ChiefSeminole Nation of Oklahoma

/

For the National Indi, n Gaming Commiss mi:
By: e i? Date: Af Jalox

Philip/N. Hogen ~~ -
Chairman;National Indian Gaming Commission

4b by

5 T
Norm DesRosiers 7
Commissioner, National Indian Gaming Commission

19


19,

photocopy, any and all documents involving gaming revenue and the programs
and services receiving redirected funds.
At any time the Commission has reason to believe that the Nation is presently or
has violated this Agreement as to the specific uses of the redirected revenue as set
forth herein in Article II, § 14, the Commission will provide written notice to the
Nation stating such, and provide the Nation an opportunity to provide additional
written evidence demonstrating compliance with this Agreement and proper usage
of such funds. The Nation shall have thirty (30) days to respond to the
Commission’s notice under this provision. Within sixty (60) days following
receipt of the Nation’s reply, the Commission will determine whether the Nation
has provided sufficient information to eliminate the Commission’s concern and
will inform the Nation of its determination. Should the Commission determine
that the Nation has violated this Agreement by using the redirected revenues for
purposes other than those set forth in this Agreement, the Commission will inform
the Nation in writing of such determination and the Nation will resume making
payments towards the civil fine assessment as set forth in Paragraph 29 of the Pre-
Opening Agreement.
As set forth in paragraph 29 of the Pre-opening Agreement, the Nation will
continue to:
a. Account for its net gaming revenue each quarter of each year, as of the first
day of January, April, July, and October;
b. Provide an accounting of these quarterly net gaming revenues and the

appropriate quarterly civil fine payment to the NIGC by the first day of


NATIONAL INDIAN GAMING COMMISSION

IN THE MATTER OF:

NOTICES OF VIOLATION TO THE SEMINOLE NATION OF OKLAHOMA,
NOS. NOV-00-06 AND NOV-00-10;

TEMPORARY CLOSURE ORDERS TO THE SEMINOLE NATION OF
OKLAHOMA, NOS. CO-06-01 AND CO-00-10;

NATIONAL INDIAN GAMING COMMISSION’S FINAL DECISION AND
ORDER OF MAY 7, 2002;

CIVIL FINE ASSESSMENTS NOS. CFA-00-06 AND CFA-00-10; AND
PRE-OPENING AGREEMENT BETWEEN THE SEMINOLE NATION OF

OKLAHOMA AND THE NATIONAL INDIAN GAMING COMMISSION,
DATED DECEMBER 12, 2003.

AGREEMENT TO MODIFY THE CIVIL FINE ASSESSMENT PAYMENT
SCHEDULE PENDING THE COMMISSION’S CONSIDERATION OF
THE NATION’S PETITION FOR REDUCTION AND/OR
MODIFICATION OF CIVIL FINE ASSESSMENT

This Agreement is entered into between the Seminole Nation of Oklahoma

(“Nation”), through its duly authorized representatives, and the National Indian Gaming

Commission (“NIGC” or “Commission”), in response to the Nation’s Petition for

Modification. The Parties agree that the Commission will reconsider the Nation’s

petition again after a period of eighteen (18) months in accordance with the terms and

conditions set forth in this Agreement. The parties by their signatures below represent

and agree that they have authority to execute this Agreement according to the terms and

provisions set out herein.


26.

27s

28.

Unless already licensed, the Nation will require all SNDOC Board members and
the SNDOC’s principal management officials, including the Chief Executive
Officer and Chief Financial Officer, to apply for and be fully licensed in
accordance with 25 C.F.R. Parts 556 and 558, within ninety (90) days from the
Effective Date of this Agreement. All new members of the SNDOC Board and
future SNDOC’s principal management officials, including the Chief Executive
Officer and Chief Financial Officer, shall be licensed accordingly.

The Nation agrees that it will not employ, license or associate in any way with Ivy
Ong, or any entity owned in whole or in part by Ivy Ong, or any entity in any way
associated with Ivy Ong. The Nation further agrees that its shall not hire or
license any former management associates of Ivy Ong, including individuals who
have been determined by the SNGC to be a former management employee of Ivy
Ong, to work in any capacity in any of the Nation’s gaming facilities. The NIGC
will provide the SNGC with such information as it may possess to aid the SNGC
in identifying known persons or entities associated with Ivy Ong.

The Nation will maintain a sound system of internal controls that provide a level
of control that equals or exceeds the requirements of 25 C.F.R. Part 542,
Minimum Internal Control Standards (MICS). The NIGC or an independent
Certified Public Accountant (CPA) shall be engaged to perform “Agreed Upon
Procedures” to verify that the gaming operation is in compliance with the MICS
set forth in 25 C.F.R. Part 542.3(f) within ninety (90) days of the opening or re-
opening of each gaming facility. The CPA shall provide a copy of the Report of

Findings to the Nation, SNDOC, SNGC and the Regional Director of NIGC


23.

24.

25;

during the term of this Agreement be reduced below the amount authorized on the
date of the execution of this Agreement without written explanation to the NIGC.
The SNGC must be satisfied that all of the Nation’s key employees and primary
management officials have been satisfactorily trained on SNGC approved Internal
Control Standards and related operations procedures for the handling of cash,
electronic gaming devices, manual accounting, and compliance with the Bank
Secrecy Act prior to opening any gaming operation. The SNGC will submit a
written report to the Regional Director of NIGC Region V, Tulsa, Oklahoma,
prior to the opening or re-opening of any gaming facility or operation by the
Nation which confirms that the above outlined training has occurred and been
acceptable.

The SNGC will maintain an inventory of all gaming machines in each gaming
facility to include the identity of the manufacturer, the serial number, a brief
description of the game, and any other information as may be required by the
SNGC.

The SNGC will establish and maintain a records retention policy regarding
applications for licensing and reports of background investigations of Key
Employees and Primary Management Officials in compliance with 25 C.F.R.
§ 558.1(c) and 556.5(a). The SNGC further agrees to retain all vendor license
applications and reports of background investigations and determinations for
inspection by the Chairman or his or her designee for no less than three (3) years
from the date of termination of the vendor relationship between the Nation and

any vendor.


16.

17.

funding for the listed programs and services described in paragraph
14 now in existence and is not to replace current funding sources;
and
b. Only those funds paid to the U.S. Treasury will reduce the balance
of the civil fine.
The Nation agrees to 1) not commingle the redirected portion of the civil fine with
funds from other sources; and 2) provide an accounting of the redirected portion
of the civil fine to the Commission in twelve (12) month intervals, commencing
from the Effective Date of the Agreement. Such accountings will include the
amount transferred to each of the approved programs and/or services, the percent
of net gaming revenues this amount represents, and supporting documentation
substantiating that the funds from the redirected portion of the civil fine were used
to supplement funding to the above programs and/or services.
The Commission will provide the Nation with written notice as to whether the
documentation it provided the Commission under paragraph 16 of this Agreement
has adequately demonstrated, to the satisfaction of the Commission, that Nation
has used the redirected portion of the civil fine as contemplated within this
Agreement. If the Commission is not satisfied that the funds were used as
contemplated within this Agreement, the Nation further agrees to permit the
Commission to audit these programs, including funding and budgets from prior
years to confirm the use of the redirected portion of the civil fine. To this end, the

Nation agrees to provide the Commission with access to, and the right to


10.

civil fine assessment and denied the Nation’s request for a reduction and/or
waiver.
On February 12, 2007, the Nation submitted a second petition for modification.
The Nation requested that the civil fine assessment be reduced to the amount the
Nation paid as of January 1, 2007. The Nation cited its immediate need for
increased governmental revenue to fund services in specific Nation programs as
the basis for its petition.
To date, the Nation has made civil fine payments in accordance with the Pre-
opening Agreement. See Pre-opening Agreement § 29 (December 12, 2003).
Article II. Statement of Purpose

Based upon the Nation’s second petition for modification; the Commission’s
recognition of the Nation’s payment history; the positive steps it has taken to
enhance the regulatory capacity of the Seminole Nation Gaming Commission
(SNGC); the significant improvement the Nation has demonstrated in the conduct
of its gaming operations; and the Nation’s immediate need for additional funding
for important governmental services, subject to the Nation’s compliance with the
conditions detailed in paragraphs 11-33, the Commission agrees to modify the
terms for payment of the civil fine as follows:

a. The Nation agrees that it will abide with the terms and conditions of

this Agreement.
b. The Commission will adjust the payment schedule for the Nation’s

civil fine assessment by reducing the amount of the quarterly


34.

35;

36.

ARTICLE V. PROCEDURES GOVERNING RESCISSION

In the event the SNGC determines that a substantial violation has occurred, as that
term is defined in 25 C.F.R. § 573.6, the SNGC shall report such substantial
violation to the NIGC’s Tulsa, Oklahoma Region V Director within seventy (72)
hours of its discovery and take immediate action to correct the violation(s).

In the event the NIGC thereafter determines that any violation(s) have not been
timely corrected or determines that there are other violations, then the NIGC shall
provide the Nation with written notice of violation(s) and a reasonable time period
to correct the violation(s), which for purposes of this Agreement will be a period
of fourteen (14) days following the date of service of the written notice of
violation(s), unless otherwise agreed to or unless the violation is a substantial
violation, in which case the NIGC Chairman or his designee may establish a
shorter period of time.

The parties agree that following the period to correct the noticed violation(s), if
the NIGC Chairman determines that the violation(s) has (have) not been
corrected, the Chairman may provide a written recommendation to the full
Commission that it rescind its modification to the Closure Orders Nos. CO-06-01
and CO-00-01 and/or recommend the closure of the Nation’s non-compliant
gaming facility or facilities. The Chairman will serve a copy of the
recommendation on the Nation’s Principal Chief and on the SNGC. The Nation
shall have fourteen (14) days to respond in writing to the Chairman’s written
recommendation. The parties agree that following its consideration of the

Chairman’s recommendation and the Nation’s response, the Commission may


39)

40.

41.

In addition, upon a determination that a violation of this Agreement or the
applicable laws and regulations of the Nation or the Commission occurred, the
Chairman may recommend in writing to the full Commission rescission of this
Agreement. The Chairman will serve a copy of the recommendation on the
Nation’s Principal Chief and on the SNGC. The Nation shall have fourteen (14)
days to respond in writing to the Chairman’s written recommendation. The
parties agree that following its consideration of the Chairman’s recommendation
and the Nation’s response, the Commission may vote on whether or not to rescind
this agreement.
ADDITIONAL COVENANTS

The parties expressly agree and acknowledge that time is of the essence in this
Agreement. This Agreement shall be binding on the parties, their agents, heirs,
representatives, successors and assigns.

This Agreement shall be effective on the date that it is signed by the last party to
sign the Agreement (“Effective Date”). The terms and conditions outlined in
paragraphs 11-39 of this Agreement shall terminate eighteen months after the
Effective Date. Thereafter, the Nation agrees to make payments toward civil fine
assessments CFA-00-06 and CFA-00-10 to the U.S. Treasury on a quarterly basis,
in the amount of twenty percent (20%) of its net gaming revenues until such time
as the Civil Fine Assessment is satisfied, pending the Commission’s consideration
of the Nation’s second petition for reduction and/or modification of its civil fine

assessments.” The Nation will:

> For purposes of this agreement, the term “Net Revenues” is defined in 25 C-F.R. § 502.16. Accounting
for Net Revenues will be performed in accordance with generally accepted accounting principles. Net

17


the NIGC, dated December 12, 2003 (hereinafter “Pre-opening Agreement”). See
Pre-opening Agreement {| 2-13 (Dec. 12, 2003).

On June 3, 2003, the Commission issued a Decision and Order in which the
Commission found that the Civil Fine Assessments Nos. CFA-00-06 and CFA-
00-10 were appropriately issued. The Nation was ordered to pay a civil fine
assessment of $11,376,000 to the U.S. Treasury. See Pre-opening Agreement
4 11 (Dec. 12, 2003).

On December 12, 2003, the Commission authorized the Nation to resume gaming
activity pursuant to the Pre-opening Agreement, See Pre-opening Agreement § 29
(Dec. 12, 2003). Under the terms of the Pre-opening Agreement, the Nation
agreed to make civil fine payments to the U.S. Treasury on a quarterly basis, in
the amount of twenty percent (20%) of its net gaming revenues until such time as
the Civil Fine Assessment was satisfied, pending any future modification to the
Civil Fine Assessment. Id.

On September 28, 2004, the Nation and the NIGC agreed to the First
Modification to the Pre-Opening Agreement (First Modification) which permitted
the Nation to offer additional Class II gaming machines. See First Modification to
Pre-opening Agreement (Sep. 28, 2004).

On June 29, 2005, the Nation submitted a Petition for Civil Fine Reassessment or
Waiver.

On October 12, 2005, the Commission reconsidered the civil fine assessment
ordered in its June 3, 2003, Final Decision and Order to the Nation and agreed to

in the Pre-opening Agreement. After reconsideration, the Commission upheld the


Article I. Recitals

The Seminole Nation of Oklahoma (Nation) is a federally recognized tribe with
its headquarters located in Seminole County, Oklahoma. The Seminole Nation
Division of Commerce (SNDOC) is a duly created agency of the Nation that has
been granted authority and responsibility by the General Council of the Nation to
manage and operate the Nation’s gaming activities under the provisions of the
Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2701 et seq. The Nation
agrees that SNDOC is the successor of interest to the Seminole Nation
Development Authority (SNDA) and has assumed all responsibilities previously
administered by the SNDA. The Seminole Nation Gaming Commission (SNGC)
is a duly created agency of the Nation that has been granted authority and
responsibility by the General Council of the Nation to regulate the gaming
activities conducted by the SNDOC. For purposes of this Agreement, whenever
the term “Nation” is used, it shall refer to the Seminole Nation of Oklahoma,
and/or to the SNDOC and the SNGC, as appropriate. Agreement by the Nation to
any provisions in this Agreement shall also be binding on the SNDOC, and its
successors, if any, and/or the SNGC. The Nation, through the SNDOC, currently
operates facilities at three locations where gaming activities occur: the Seminole
Nation I-40 Travel Plaza/Mystic Wind, River Mist, and the gaming center at the
Seminole Nation Trading Post in Wewoka.

The procedural history of this matter is set forth in detail in the Pre-opening

Agreement entered into by and between the Seminole Nation of Oklahoma and


29.

30.

Region V, Tulsa, Oklahoma, upon receipt. Should the Nation desire the NIGC to
perform the AUP, the Nation will provide a written request to the Regional
Director of NIGC Region V, Tulsa, Oklahoma, at least thirty (30) days prior to
the desired commencement date. The AUP will be scheduled to commence at a
mutually convenient date. Furthermore, the Nation’s internal auditor or a CPA, if
the function is outsourced, shall provide internal audit reports prepared in
accordance with 25 C.F.R. §§ 542.22, 542.32, 542.42, as applicable, to the
Nation, SNDOC, SNGC and the Regional Director of NIGC Region V, Tulsa,
Oklahoma, upon receipt. The Nation and casino management will diligently
strive to correct any such deficiencies as it is made aware of them and will
provide written notification to the NIGC of such corrections at the time they are
made. A determination by the NIGC Chairman that any gaming operation of the
Nation is not in substantial compliance with the MICS may be the basis for
recommending to the full Commission the closure of one or all of the Nation’s
gaming facilities as outlined in Article V, paragraph 36.

The Nation agrees to permit the NIGC to perform a comprehensive audit of the
Nation gaming facilities in accordance to the standards set out in 25 C.F.R. Part
542 and the Tribal Internal Control Systems and Standards (TICS) at any time.
After such audit, the NIGC will provide the Nation with prompt written notice of
any violation(s) and a reasonable time period to correct the violation(s), as set
forth in Article V, paragraph 35.

The Nation agrees that it will provide the NIGC with a complete set of its MICS

procedures at least thirty (30) days prior to the opening or re-opening of any


37.

38.

vote to rescind the Closure Order modification that allowed the reopening of the
Nation’s gaming facilities and thereby require re-closure of one or more of the
non-compliant facilities and/or order closed any or all of the Nation’s non-
compliant gaming facilities. The Nation agrees to close its non-compliant gaming
facility or facilities within seventy-two (72) hours following service of such an
order from the Commission. The parties intend, and the Nation agrees, that the
Commission will decide the matter based on written submission and that this
expedited process will not afford consideration of the matter in a hearing before a
presiding official under 25 C.F.R. Part 577 and/or a recommended decision by a
presiding official.

The parties further agree that paragraph 36 is not intended to permit further
judicial review of the Commission’s Decision and Order of May 7, 2002. See 25
U.S.C. § 2714. However, the Nation may seek judicial review of a Commission
Order rescinding a modification to the Commission’s Final Decision and Order of
May 7, 2002, under which the Nation operates its gaming facilities and/or the
Commission’s decision to order closure of any or all of the Nation’s gaming
facilities.

The Nation agrees that it will close its non-compliant gaming facility or facilities
and will keep such facility or facilities closed during any such period involving
judicial review following the Commission’s order. Nothing in this provision
prevents the NIGC Chairman from issuing a separate notice of violation, order of
temporary closure, and/or proposed civil fine assessment to the Nation under 25

C.F.R Parts 573 and 575.