National Indian Gaming Commission 

SETTLEMENT AGREEMENT # SA-09-38 

This Settlement Agreement # SA-09-38 PAgreement") is entered into by nnd between the 

Nooksack Indian Tribe ('Tribe"'), a federally recognized Indian tribe, and the Chairman of the 

National Iildian Gaming C~rnmissian CWTGC"), dating to the matters contained in the 

NIGC Chairman's Notice of Violation # NOV-09-38. 

1. Whereas, IGRA authorizes thc NIGC Chairman to issue civil fines for violations of 

IGRA, NTGC regulations, trjbal regulations, ordinances, or resolutions approved hy the 

NIGC Chairman under 25 U.S,C. 56 271 0,2712, and 2713(a)(l); 

2. Whcreas, under 25 C.F.R. f 573.3(a), ihe NIGC Chairman may issue a Notice of 

Violatioil YNOV") to any person for violations of any provision of IGRA, NIGC 

regulations, bibal gaming ordinancc, or rcsolution approved by the Chairman; 

3, Whereas, on September 30, 2009, the NTGC Chairman issued NOV-09-38 for the 

Tribe's failure to submit timely quarterly statcmcnts and fees to the NIGC as follows: 

i) for quarter ending March 3 1,2009, received by the MGC on June 3,2009,154 days 

late; and 

(ii) for qunrler ending June 30, 2009, received by the NIGC on August 3, 2009, 34 

days late. 

4. Whereas, the NIGC Chairman and the Tribe desire to achieve an amicable resolution of 

NOV-09-38; 

TERMS OF SETTLEMENT 

.- FTlis-AgrFfiTCnf Isentered ifito-pufiuant -to 23 C.F.R. 8 575.6(b) -and shall bc cffcctivc - 

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upon thc date that it is signed by the Iast party to sign this Agreement ("effective date"). 

6. The Tribe agrces that, by law, it was requircd to submit timcly quartcrly statcmcnts and 

fees to the NIGC for the Nooksack River Casino and the Nooksack Northwood Casino 

during the 2009 caIcndar year, and the Tribe agrees that it submitted the first two 2009 

quarterly sttltemcnts and fees in an untimely fashion. 

7. The Tribe agrees that its failure to submit the first two 2009 quarterly statements and fee 

payments for its gaming operations in a timely fashion is a violation of NIGC 

regulations, 
8, The I'ribc agsccs to pay a settlement fine of seven thousand five hundred dollars 

($7,500) for the mattcrs set forth in NOV-09-38, 

9. The first two thousand fivc hundred doIIars ($2,500) of the settlement fine is due and 

must be received by the NlGC within thirty (30) calendar days of the effective date of 

this Agreement. The check must be madc payable to tl~c "U.S. Treasury." 

10. The NJGC Chairman agrees to forgive five thousand dolIars ($5,000) of the settlement 

fine in the foIlo\ving increments if the Tribe submits timely fccs and staternentq by thc 

requisite deadlines below: 

(i3 $Zl50O wjl1 be forgiven if the 2009 quarterly statements and fee pay~ncnts for 

Nooksack River Casina and the Nooksack Northwood Casina are received by the 

NIGC by the regulatory due date of Dccembcr 3 1,2009; and 

(ji) $2,500 will be forgiven if the 201 0 biannuaI statements and fee payments for 

Nooksack Rivcr Casino and the Nooksack Northwood Casina are postmarked by 

the regulatory due date of March I, 207 0. 

11. The Tribe agrees that if it faiIs to comply with this Agreement, a civil fine of ten 

thousand dollars ($10,000) will become fully due and paynble on the date of the breach, 

offset by any civil fine tl~at tlle Tribe may have paid pursuant to this Agreement. In such 

a circumstance, thc MGC wilt issue n written notice to Tribe pursuant to NIGC debt 

collection reguiations at 25 C.F.R. part 513. The Tribe further agrees that the NIGC 

and/m the U.S. Treasury may proceed against the Tribe to ~ollecl the debt of tl~e tcn 

thousand dollar ($1 0,000) civil fine, less any amounts already paid, and may assess 

interest, penalties, and/or administrative costs from the date of the breach of this 

Agrcemcnt as provided in 25 C.F.R. $ 5 13.5. In such circumstance, the Tribe agrees to 

waive any rights to nn oral hearing under 25 C.F.R. 4 513.6, but the NIGC shall provide 

the Tribe with a reasonable opportunity to submit written material to support a request to 

reconsider the determination that the Tribe is in breach or his Agreement or to 

challenge the method by whic11 the NIGC calculated the debt. 

12. The Tribe agrees upon execution of this Agrccmcnt to waive the right to further review 

of matters addressed in this Ag~een~cnt, including all rights to appeal to thc.fuIl-.-- 

Commission as set forth in 25 C.F.R. part 577, a~d .judicial revicw pursuant to 25 U.S.C. 

# 271 4. f 

ADDITIONAL COVENANTS I 

13. This Agrccrncnt ccrnstitutcs the entire agreemen1 between the NTGC 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. 
14. The Tribe stipulates that this Agreement shall be deemed to be the subjcct of a final 

order of the NIGC under 25 C.F.R. 5 575.4(c)(I), and a final agency action pursuant to 

25 C.F.R. fi 577.9(d). 

15. Tile MGC Chairman and the Tribc expressly agree and acknowIedge that time is of the 

essence in this Agreement. Tlle recitals herein shall be binding upon the parties, thcir 

agents, heirs, personal representatives, successors and assigns. 

16. The parties agree that after the effective date, this Agreement shalI bc a public docurncnt 

and may be published or discIoscd by either party. 

17. This Agreement may be emcutcd on one or more counterparts and each shall constitute 

an original. A signature produced by facsinlile sball be deemed to be an original 

signature and shall be effective and binding for purpose orlhc Agreement. 

Nooksack Indian Tribe National Indian Gaming Commission 

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Narcism Cunanan, Chairman ~dr~e. Skibine, Acting Chairman 

V 

Date: /D -33 -09