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NATIONAL
INDIAN
GAMING

Commission APR 25 1996

Morris Jimenez, Chairman
The Klamath Tribes

P.O. Box 436

Chiloquin, Oregon 97624

Charles Colombe, President
cc Gaming, Inc.

P.O. Box 21

Mission, South Dakota 57555

Re: Appeal of the Disapproval of the Management Contract Between
the Klamath Tribes and CC Gaming, Inc..

INTRODUCTION

cc Gaming, Inc. (CC Gaming) appeals the decision of the Chairman
of the National Indian Gaming Commission (Commission)
disapproving a management contract between the Klamath Tribes
(Tribe) and CC Gaming. A management contract between the parties,
dated June 30, 1994, was received by the NIGC on August 8, 1994.
The contract was disapproved by the Chairman of the Commission on
January 3, 1996 because of a failure to meet the submission
requirements pursuant to 25 C.F.R. Parts 533 and 537.

Pursuant to 25 C.F.R. § 539.2, the parties had thirty (30) days
from the date of the Chairman’s decision to appeal to the full
Commission. On February 1, 1996, the Commission received the
appeal of CC Gaming. On February 16, 1996, the Chairman agreed to
reconsider the January 3, 1996 decision because CC Gaming had
submitted additional information on February 1, 1996. Upon review
of the contract submission including the additional submissions,
the Chairman again disapproved the management contract on March
1, 1996 finding that the contract submissions had failed to meet
the submission requirements of 25 C.F.R. Part 537.

On March 29, 1996, the Commission received the instant appeal of
the Chairman’s March 1, 1996 decision filed by CC Gaming. The
Tribe does not appeal the Chairman’s decision. On April 5, 1996,
the Commission was notified by letter that the Tribe had
terminated the contract with CC Gaming. On April 18, 1996, the
Commission received a copy by facsimile of CC Gaming’s responsive
letter to the Tribe.

OPINION

CC Gaming argues that the deficiencies upon which the Chairman
based the disapproval are relatively minor and were caused by

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oversight or the failure to understand what information was
necessary for compliance with the regulations. Specifically, cc
Gaming argues that it was not aware the financial statements
required by 25 C.F.R. § 537.1 (c)(2)(ix) included income and cash
flow statements. CC Gaming also argues that it did not believe
25 C.F.R. § 537.1 (b) (xi) required amounts be included in the
source of income statement. Finally, CC Gaming notes that Mr.
Fred Mertz is no longer a participant in the management contract
and his name should be withdrawn from consideration. CC Gaming
has once again submitted additional information along with the
appeal.

While the Commission appreciates the additional information
submitted by CC Gaming, it is not properly before the Commission
for consideration. The issue to be addressed by the Commission is
a narrow one. That is, did the Chairman err in disapproving the
management contract as it existed at the time of his review? The
answer to that question is no. The Chairman correctly disapproved
the management contract for failure to meet the submission
requirements of 25 C.F.R. Part 537. While CC Gaming may consider
the requested information minor, or not submitted because of a
misunderstanding, the fact remains that it was not there for
review. Therefore, the Commission agrees with the Chairman and
affirms the disapproval of the submission of the management
contract on that basis.

Secondly, since this appeal was filed, the Tribe has notified the
Commission that it is terminating the contract with CC Gaming.
Therefore, there is no management contract legally before the
Commission to review. CC Gaming’s request for reconsideration is
therefore moot.

For all the foregoing reasons, the decision of the Chairman is
affirmed.

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Harold A. Monteau, Chairman’ // Y

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Tom Foley, Commissioner/* / vA
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Philip N. Hogen, Commissioner ;