NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Ncz Perce Tribe 

Attn: Samuel N. Penney, Chairman, 

Nez Ferce Tribal Executive Committee 

(AGENT FOR SERVICE OF PROCESS) 

100 Agency Road 

PO Box 100 

Lapwai, Idaho 83540 

FAX: (208)843-7354 

JuIy Tess Greene 

President, Nez Perce Tribal Gaming Commission 

17500 Nez Perce bad 

Lcwiston, Idaho 83501 

FAX (208) 743-561 8 

1. Notification of Violation 

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

notice that the Nez Perce Tribe (Respondent or Tribe), located in Lapwai, Idaho, 

has violated NIGC regulations by failing to submit quarterly statements for the 

quarters ending March 3 1, June 30, and September 30 for calendar year 2008 for 

the It'se Ye Ye Bingo and Casino as well as submitting untimely quarterly 

statements and fee payments for the Clearwater River Casino for thc quarters 

ending March 3 1, June 30, and September 30 for caIendar year 2005. 

2. Authority 

Under the Indian Gaming Regulatory Act (IGRA) 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, NIGC regulations, or any 

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

25 U.S.C. (i 2713; 25 C.F.R. 3 573.3. 
3. Applicable Federal Laws and Tribal Ordinance Provisions 

A. IGW requires the NIGC to establish n schedule of fees to be paid to the 

Commission annuaIly by each gaming operation that conducts a class I1 or 

class I11 gaming activity. 25 U.S.C. 8 271 7. 

B. NlGC 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. (j 5 f 4.1 (a). 

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

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

shall file with the Commission a quarterIy statement showing its 

assessabIe goss revenues for the previous caIendar year. 25 C.F.R. $ 

514.E(c). 

13. The quarterly statements are due March 3 1, June 30, September 30. and 

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

jurisdiction of the NIGC. 25 C.F.R. 5 5 14.1 (c)(2). The quarterly 

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

the due date. 25 C.F.R. 9 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. 3 5 14.1 (c3(5). 

F. NGC 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. 8 502.1 0. 

4. Role of Ouarterlv Fees and Quarterly Statements 

The mual fees collected by the MGC 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 quarterly statements horn 

the gaming operations in a timely manner so that the NTGC is able to set accurate 

preliminary and find fee rates. 

5. Circumstances of the Violation 

A. Respondent is a federaIIy recognized Indian Tribe with tribal headquarters 

in Lapwai, Idaho. 
B. The Tribe operated its gaming operation, CIeanvnter Rives Caqino and 

Resort during a11 of 2007 and 2008 through December 8,2008. 

C. The Tribe operated its gaming operation, Tt'se Ye Ye Bingo and Casino, 

during all of 2007 and 2008 through December 8,2008. 

D. The NIGC received an untimely quarterly statements and fee payments 

for the gaming operation Cleanvates River Casino and Resort as follows: 

For the quarter ending March 3 1 on November 17,2008,23 1 days late 

For the quarter ending June 30 on November 17,2008,140 days late 

For the quarter ending September 30 on November 1 7.2008,48 days late 

E. 'Fhe NIGC did not receive quarterly statements and fee payments for the 

gaming operation It'se Ye Ye Bingo and Casino for the quarters ending 

March 3 1, June 30, and September 30 in calendar year 2008. 

F. Failure to submit timely quarterly statements and fee payments is a 

violation of NIGC regulations. 

G. Failure to submit quarterly statements and the requisite fee payments is a 

violation of NHGC regulations. 

6. Measures Required to Comct 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. Moreover, to correct 

the on-going violation, the Tribe should immediately submit quarterly statements 

and the requisite fee payments for the It%e Ye Ye Bingo and Casino. 

7. Appeal 

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

appeal Za 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, 14-41 L Street NW, Ninth Floor, Washington, DC 20005. 

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

appeal must reference this Notice of Violation. 

Within ten (10) days after filing a notice of appeal, Respondent must file with the 

Commission a supplemental statement that states with particuIaPity the relief 

desired and the grounds therefore and that includes, when available, supporting 

evidence in the form of aflidavits. 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 genera1 nature of their expected 

testimony, whether a closed hearing is requested and why. Respondent may 

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

by the Commission solely on the basis of written submissions. 

8. Fine-Submission of Information 

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. (j 575424, 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 infaation submitted in determining the facts surrounding the 

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

~at~d/ this Po f $ember, 2008 

/ 

Chairman Y 

Staff Attorney 
Certificate of Service 

I cerlify that this Notire of Violation was sent by facsimile transmission and certified 

U.S. mail, rclurn receipt requcstcd, on this 12'" day of December, 2008 to: