NOTICE OF PROPOSED CIVIL FINE ASSESSMENT 

Ref CFA-05-06 

To: Jeffrey Houser, Chairman 

Fort Sill Apache Tribe of Oklahoma 

Route 2, Box 121 

Apache, OK 73006 

FAX: (580) 588-3133 

1. Under the authority of 25 U.S.C. 8 2713 (a), of the Indian Gaming Regulatory Act 

(IGRA), and the regulations of the National Indian Gaming Commission (NIGC) at 

C.F.R. tj 575,), the Chairman of the NIGC hereby provides notice of his intent to assess a 

$11 iwV civil fine against the Fort Sill Apache Tribe of Oklahoma, Apache, Oklahoma 

(Respondent), for violations of 25 C.F.R. $8 5 14.1 (c) as set forth in detail in Notice of 

Violation No. NOV 05-06, issued on March 17,2005, a copy of which is attached hereto 

(Exhibit 1). NOV 05-06 was issued for failure to submit quarterly statements and fee 

payments in a timely manner for Fort Sill Apache Casino. 

2. Pursuant to 25 U.S.C. 2713 (a) and 25 C.F.R. 8 575.4, the Chairman of the NIGC may 

assess a civil fine, not to exceed $25,000 per violation, against a tribe, management 

contractor, or individual operating Indian gaming for each violation cited in a notice of 

violation issued under 25 C.F.R. 9 573.3. If noncompliance continues for more than one 

day, the Chairman may treat each daily illegal act or omission as a separate violation. 

25 C.F.R. 8 575.4 (a)(2). 

3. The NIGC regulations at 25 C.F.R. § 575.5 provide that, within 15 days after service of a 

notice of violation, or such longer period as the Chairman may grant for good cause, the 

respondent may submit written information about the violation. The Chairman shall 

consider any information so submitted in determining the facts surrounding the violation 

and the amount of the civil fine. Respondent did not submit any information under 

25 C.F.R. 8 575.5 about the violation. 

4. The Chairman has considered the factors set forth in 25 C.F.R. 8 575.4, as follows: 

'ilI(&,,# 

i. Economic benefit of noncompliance. Respondent has obtained a limited 

economic benefit fiom its failure to submit quarterly statements and fees in a 
timely fashion, resulting from its ability to collect interest on the unpaid fees. The 

submissions were received on January 10,2005, 10 days after the December 3 1, 

2004, due date. 

. . 

11. Seriousness of the violation. NlGC operations are funded entirely from the 

annual fees it receives from gaming tribes; therefore, the prompt payment of such 

fees is of critical importance to the NIGC. The annual fees collected by the NIGC 

are based upon the quarterly worksheets submitted by Indian gaming operations. 

NIGC must set a fee rate sufficient to find its annual budget, yet may not exceed 

the fee cap set by Congress. Thus, it is also imperative that the NIGC receive 

worksheets from the gaming operations in a timely manner so that the NlGC is 

able to set accurate preliminary and final fee rates. 

. . 

11. History of violations. The Chairman has not issued any Notice of Violations, 

Civil Fine Assessments, or Closure Orders to Respondent within the last five 

years. 

. . . 

111. Negligence or willfulness. The Tribe was aware of the quarterly statement and 

fee payment due date, yet failed to turn in the submissions for the quarter ending 

December 3 1,2004, in a timely manner. On December 20,2004, the NIGC issued 

a warning notice to the Tribe regarding its failure to meet payment and 

submission deadlines for the quarterly statement and fee payments and advising 

that the NIGC might initiate enforcement action to address the violations (Exhibit 

2). Respondent's late submission of the quarterly statements and fee payments for 

Fort Sill Apache Casino for the quarter ending December 3 1,2004, was therefore 

willful rather than negligent. 

iv. Good faith. Respondent submitted the quarterly statement and fee payment in an 

untimely manner, but within 10 days of the due date. 

5. WHEREFORE, the Chairman, having carefully reviewed the above factors, has 

determined that a fine in the amount of $1,500 (one thousand five hundred dollars) is 

assessed on the Respondent for failure to submit a timely quarterly statement and fee 

payment for Fort Sill Apache Casino for the quarter ending December 3 1,2004. 

6. Interest shall be assessed at rates established from time to time by the Secretary of the 

Treasury on amounts remaining unpaid after their due date. 3 1 U.S.C. $ 37 17. 

7. The above-described amount represent an appropriate balancing of the other factors cited 

above. 

8. Pursuant to 25 C.F.R. $ 577.3, within 30 (thirty) days after service of this Notice of 

Proposed Civil Fine Assessment, Respondent may appeal the proposed fine to the fill 

Commission by submitting a notice of appeal to the National Indian Gaming 

Commission, 1441 L Street, NW, Suite 9100, Washington, DC 20005. Respondent has a 

right to assistance of counsel in such an appeal. A notice of appeal must identifj this 
Notice of Proposed Civil Fine Assessment. Within ten (10) days after filing a notice of 

appeal, Respondent must file with the Commission a supplemental statement that sets 

forth with particularity the relief desired and the grounds therefore and that includes, 

when available, supporting evidence in the form of affidavits. 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, and whether a closed hearing is requested a 

may waive its right to an oral hearing and instead elect to e the matt determined by 

the Commission solely on the basis of written submiss' fl spOndent 

Dated this %day of April 2005. 

Andrea Lord 

Staff Attorney 

202-632-7003