NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Pit River Tribe 

Attn: Ida Riggins, Chair 

3 7 1 1 9 Main Street 

Burney, CA960 13 

FAX: (530) 33 1-3140 

David Hawkins 

Pit River Gaming Commission 

20265 Tamarack Avenue 

Bumey, CA 9601 3 

FAX: (530) 335-4734 

Elizabeth McCloud 

(AGENT FOR SERVICE OF PROCESS) 

Secretary, Pit fiver Tribe 

371 1 8 Main Street 

Burney, C A 960 1 3 

FAX: (530) 335-5421 

1. Notification of Violation 

The Chairman of the National Indian Gaming Commission (NIGC) hereby gives 

notice that the Pit River Tribe (Respondent or Tribe), located in Burney, 

California, has violated NIGC regulations by failing to submit timely quarterly 

statements and fee payments for the quarters ending March 3 I, June 30, and 

September 30 of caIendar year 2008. 

2. Authoritv 

Under the Indian Gaming Regulatory Act (JGRA) 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, NlGC regulations, or any 

provision of a tribal gaming ordinance or resolution approved by the Chairman. 

25 U.S.C. 5 2713; 25 C.F.R. 2 573.3. 
3. Ap~licabIe Federal Laws 

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 II ox 

dass I11 gaming activity. 25 U.S.C. 4 2717. 

B. NIGC regulations require that each gaming operation under the 

jurisdiction of the Commission shall pay to the Commission annual fees as 

established by the Commission. 25 C.F.R. 9 5 F 4. I (a). 

C. Each gaming operation subject to the jurisdiction of the Commission and 

not exempt frem paying fees pursuant to the self-regulation provisions 

shall file with the Commission a quarterly statement showing its 

assessable gross revenues for the previous calendar year. 25 C.F.R. § 

514.l(c). 

D. The quarterly statements are due March 31, June 30, September 30, and 

December 3 1 of each calendar year the gaming operation is subject to the 

jurisdiction of the WIGC. 25 C.F.R. 5 5 14. I (c)(2). The quarterly 

statements shall be transmitted to the Commission and arrive no later than 

the due date. 25 C.F.R. 5 14.1 (c)(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. .Ij 514.1(~)(5). 

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

statement. 25 C.F.R. Ij 5 14. l (c)(9). 

G. NIGC regulations define "gaming operation" as "each economic entity 

that is licensed by a tribe, operates the games, receives 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. 4 502.10. 

Role of Quarterly Fees and Ouarterlv Statements 

The annual 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. NIGC must set a fee rate 

sufficient to fund its annual budget, yet may not exceed the fee cap set by 

Congress. Thus, it is imperative that the NIGC receive quarterIy statements from 

the gaming operations in a timdy 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 Burney, California. 

B. The Tribe operated its gaming operation, Pit River Casino, during all or 

part of 2007 and 2008. 

C. The NIGC received untimely quarterly statements and fee payments for 

the Pit River Casino as fbllows: 

For the quarter ending March 3 1,2008, on October 24,2008,207 

days late; 

For the quarter ending June 30,2008, on October 24,2008, 1 16 

days late; 

For the quarter ending September 30,2008, on October 24,2008, 

24 days late. 

D. The Tribe's failure to submit timely quarterly statements and fee payments 

violates NIGC regulations. 

6. Measures Required to Correct the Violation 

While there is no remedial action that can correct the untimely submission of 

quarterly statements and fees, improved controls to ensure timely submission of 

future quarterly statements and fees should be put in place. 

7. Appeal 

Within thirty (30) days after service of this Notice of Violation, Respondent may 

appeal to the full Commission under 25 C.F.R. Part 577 by submitting a notice of 

appeal, and, if desired, request for hearing to the National Indian Gaming 

Commission, 1441 L Street NW, Ninth Floor, Washington, DC 20005. 

Respondent has a right to assistance of counseI in suck an appeal. A notice of 

appeal must reference this Notice of Violation. 

Within ten (1 0) days after filing a notice of appeal, Respondent must file with the 

Commission a supplemental statanent that states 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, whether a closed hearing is requested and why. Respondent may 

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

by the Commission solely on the basis of written submissions. 

8. Fine-Submission of rnformation 

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. 9 575.5(a), Respondent may submit written information about the violation 

to the Chairman within fifteen (15) days after service of this notice of violation 

(or such longer period as the Chairman may grant for good cause). The Chairman 

shall consider any information submitted in determining the facts surrounding the 

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

9. Assessment of Interest 

Interest may be assessed at rates set by the Secretary of the Treasury on amounts 

remaining unpaid after their due date. 3 1 U.S.C. 6 3717 and 25 C.F.R. 3 

514 -1 (c)(lO). 

Dated this ' of April, 2009 _, ,' 

PHILIP N. HOGEN 

Cllaiman 

,/ , I /' , , 1 -. ', I .T>' ; - , ;> , L , ,. >+-,':d<>. 

 EATH HER MCMILLAN NAKA'I 

Staff Attorney 
Certificate of Service 

T certify that this Notice of Violation was sent by facsimile transmission and certified 

U.S. mail, return receipt requested, on this 21" day of April, 2009 to: