National End hn Gaming Comaissiom, 

SETTLEMENT AGREEMENT 

SAW28 

This Settlmcnt Agrcmmt (Agreement) is entertd into by and betwten zht 

Eastern Shtrwnee Tribe of Oklahoma (Trik or Tribes), a feddly-recogrized hadim 

tribe, and she Chaimm of the Xational Indian Gming Commission (MGC Cbaiman), 

~lating to the matter contained in the NIGC Chairmart's Notice of VEolaiion No. NOV09-28. 

1. ~cmq the Indian Gaming ReguIatmy Act (rGRA) authorizes the MGC 

Chainnan to issue civil fines for viohtims of the IGRA, Natianal Indian king 

Commission WGC) regutntims, or ttibal regulations, ordinances, or resolutions 

approved by the MIX Chairman mdm 25 U.S.C. $8 271 (1! 27 1 2. 25 U,S.C. 5 

2713(a)(1). 

2. Whems* under the regulations of #c NIGC, 25 C.F.R. 5 5733(a), the MGC 

Chairman may issuc a Notice of Violation (NOW to any pa for violatiam of 

any provision of the IGRA NIGC regulations, or any provision af a td~l gaming 

ordinance or resolmion approved by the Chairman. 

3. ~~ m May It 5,2009, the N?GC Chairman imed NOV-09-23 fot the 

Tribe's failure ta submit timely quatm1y statemem and fces for the quarters 

mding March 3 1, June 30, and Septemha 30 of calendar year 2006. 

4. Wheq the WGC Chhm and thc Tribe desire to achieve w amicable 

resolution of Notice of Violation No. NOV-09-28. 

5. ?herefort, the Chaiman and at Tnk have wed to execute this Agmmmt ~MJ 

pafom in dance 6th the fillowing covmants and conditions: 
May. 11. ~VWY L:~'JYM ta;t+rn Shawnee Tribe o' OY. 

TERMS OF SEITLEMJXT 

6. l3is Agrement is enteted im pmt to 25 CS.R $575.6@) and shall be 

Mectivt upon she date fiat it is signed by the last party to sign this Agreemeflt 

(Effective Date). 

7. The: Tni agrees sat it was required to submit timely pmrIy statmmts and 

fee payments to the NIGC for Bordertown Bing~ and Casino for the calendar year 

2008. 

8. The Tribe agrees that it submitted the qmrk1y statements and fee payments for 

B~xdertown Bingo and Casino fe for the qwtms ending March 3 1, June 30, 

and September 30 for the cal- year 2008 to the NXGC in an untimely fashim. 

9, The Tribe agrees that the fniure to submit quarterly statements and fet paymcnts 

for its gaming operation(s) in a timely fashion violates NIGC regulations. 

1 0. The Tnbe agrees to pay a chi I hc: of fom thousand dollars ($14,000), made 

payable to the US. Trmmrtr and delivered to the MGC. Seven thousand dollars 

($7,000) of the fine shdl be due within thirty (30) days afkr the EffeGtive Date of 

this Agreement. 

1 1. me remaining seven thousand dollars ($7,000) wit1 bc srrspwtdbd pending the 

MGC'S timely receipt of the quarterly statement and fee payment due for the 

qumer ending on June 3 0,2009 by June 3 0,2009. If eitber the quarterly 

sbtemmt .or fee papent is not submitted in a timdy manner, seven thousand 

dollars (%7,000) will hrne payable 30 days aRer zhe delingutnt quarterly 

statemat or fee payment was due. 

12. Additionally, the Tribe agrees to place thfge thousand doIiars ($3,000) jn a 

training fund for the pnrposes of mining its Casino finance staff and ta camply 

with paragraphs 15 through 21 of this agrment to that end. 

13. By entering this Agrcemmt, the MGC Chairman agrees to waive his right zo 

impose any additional civil fine w a closure order against tht Tribe for the msrtefs 

addressed in NOV-09-28, provided that if the Tribe fails to amply with this 

Agreement, the MGC Cbaimm may issue a proposed civil frne to resolve the 

Tribeqs violaion mdor breach of ihjs Agreement. 

14. The Tribe ag~~ upm exdm of this Agreement to waive the right to Wer 

review of matters addmsed in this Apemen& including all rights to appeal to 

the full Commission as set forth in. 25 C.F.R. P.drt 577 and judici~l review 

pursuant to 25 U.S.C. 6 2714. 
lna~. LI~ LWVY ~:VU~RZ rai!;rn bhawnee l r I be of OR. 

USE OF 3RANNG FIN3 

15- As set forth in paragraph 12 of this Agreement, the Tribe agrees to place three 

thousand dollars ($;,000) in a fund and to submit amentation of its mation to 

MGC within thirty (30) days of the effectire date of this agreement. 

16. The Tribe agrees that the fund ctEated hugh this Agreement will be restricted to 

we & for training employees of the Bordertown Binp and Casino. 

1 7. The Tribe agrees that it will develop a training plan rn use all the monies in the 

fund and drat it will submit the plan to NGC by 3une 30,2009. 

18. The Tribe qgm to submit doamentation for cach doll= spent w mining, up to 

the thousand dollars ($3,1100) as set fortfl of paragraph 12 of this Agreement, to 

the MGC within fomtm (14) days ofincming the expense, and that if it does 

not submix proper doeurnentat ion to NZGC, it may not use monies from the 

training fund to pay the expense. 

19. The Tnie ape that all training paid Tar with rnoniw from this fund must be 

cwnpltted no htm than DecembeT 3 1,2009 and that the Tnk will expend the 

entire three thousand dolh (%3,600) on mining by that date, 

20- The Tribe further agrees hat it vdU pmpet1y spend and submit qppriate 

dmentation to MGC for all mining hd dollars by lanw 14,20 1 0, as set 

forth in paragraphs 17,1.B, 19, and 20 of this Agreement. 

AIJDITJONAL COVENANTS 

21. This Agreement constEtutcs the entire agreement kcween the MGC CJu&mam 

and the Tribe relating to the enforcement matter set forth at the beginning of tbis 

Agreement. Any modfiation or waiver of my tm of his Agreement must be 

in writing and signed by both patties. 

22. The Tribe agms that this Agrecmenf shaIl be deemed to be the subject ofa final 

order of the NIGC undm 25 C.F.R. @ 575.4(c)(l) and a final agency action 

pursuant to 25 C.F.R g 577.9(d). 

23. The NIGC Chairman and the Tnk qmss?y agree and achowlede &at time is 

ofthe esseuce in this Amat. TIe recimIs herein sWl be binding upon the 

parties, their agents, heirs, personal r-ives, successors and wigns. 

24. The partia agree that afkertlbeEf5Ave Date, this A-mr &dl be apublic 

dmwt and may be published or disclosed by either pq. 
may, it. LUUY j:UOPM lasterr! Shawnse ir I be of OK, 

25. This Agreement may be executed on one or more conntaparts and each shall 

constitute an original. A signature produd by facsimile shall k deemed to tx 

an original signmre and shall be effective and binding for purpose ofthe 

Ageement 

--I 1 

I ' ,' ,' 

philip N. Hogen, Chairman \