National Indian Gaming Commission 

SETTLEMENT AGREEMENT 

SA-09-16 

INTRODUCTION 

This Settlement Agreement (Agreement) is entered into by and between the Crow 

Creek Tribe (The Tribe"), a federally-recognized Indian tribe, and the Chairman of the 

National Indian Gaming Commission ('"NIGC Chairman"), relating to the matter 

contained in the NIGC Chairman's Notice of Violation No. NOV-09- 16. 

RECITALS 

1. Whereas, the Indian Gaming Regulatory Act (YGRA") authorizes the NIGC 

Chairman to issue civil fines for violations of the IGRA, NIGC regulations, or 

tribal regulations, ordinances, or resolutions approved by the NIGC Chairman 

under 25 U.S.C. Sections 2710,2712; and 25 U.S.C. 4 2713(a)(1). 

2. Whereas, under the regulations of the NkGC, 25 C.F.R 5 573.3(a), the Chairman 

may issue a Notice of Violation ('WOV") to any petson for violations of my 

provision of the IGRA, NIGC regulations, or any provision of a tribd gaming 

ordinance or resolution approved by the Chairman; 

3. Whereas, on April 1,2009, the MGC Chairman issued NOV-09-16 for the 

Tribe's untimely submission of quarterly statements and fees for the 2008 

calendar year. 

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

Notice of Violation No. NOV-09-16. 

5. Therefore, the Chairman and the Tribe have apd to execute this Agreement and 

pmform in accordance with the foIIowing covenants and conditions: 
This Agreement is entered into pursuant to 25 C.F.R Section 577.9(d) and shalI 

be effective upon the date that it is signed by the last party to sign this Agreement 

(LYhe Effective Date"). 

The Tribe agrees that it was required to submit timely quarterIy statements and 

fees to the NIGC for Lode Star Casino & Hotel during the 2003 calendar year. 

The Tribe agrees that it submitted the quarterly statements and fees for Lode Star 

Casino & Hotel for the 2008 calendar ycar to the NIGC in an untimely fashion. 

The Tribe agrees that the failure to submit quasterIy statements and fee payments 

for its gaming operation in a timely fashion is a violation of IGRA, 25 U.S.C. 5 

270 1 et seq., NIGC regulations. 

The Tribe agrees to pay a civil fme of nine thousand dollars ($9,000). 

The first two thousand $2,000 of the civil fine is due to the NIGC within thirty 

(30) days of the effective date of this agreement The check must be made 

payable to the U.S. Treasury. 

The MGC Chairman agrees to forgive seven thousand dollars ($7,000) of the 

civil fine in the foIlowing increments if the Tribe submits timely quarterly fees 

and statements by the requisite regulatory deadlines: 

m $1,000 forgiven if a quarterly statement and fee payment for the Lode Star 

Casino gL I-Iotd is received by the NEGC by the regulatory due date of 

June 30,2009; 

$2,000 forgiven if n quarterly statement md fee payment for the Lode Stat 

Casino & I-lotel is received by ithe MGC by the regulatory due date of 

September 30,2009; 

a $2,000 forgiven if a quarterly statement and fee payment for the Lode Star 

Casino & Hotel is received by the NTGC by the regulatory due date of 

December 3 1,2009; 

$2,000 forgiven a quarterIy statement and fee payment for the Lode Star 

Casino & Hotel is received by the NIGC by the regulatory due date of 

March 31,2010. 

The Tribe agrees that if it misses any of the regulatory deadlines for the 

submission of quarterly statements or fee payments outlined in paragraph 12, the 

balance of the nine thousand dollar ($9,000) fine will become payable to the U.S. 

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Treasury and delivered to the NGC within thirty (30) days of the missed 

deadline. 

14. The Tribe agrees to place five thousand dollars ($5,000) in a training hd for the 

purposes of training its .Iribal Gaming Commission and to compIy with paragraphs 

18 through 23 of this agreement to that end. 

15. The Tribe agrees that if it fails to compIy with this Agreement, a civil fine of 

fifteen thousand dollars ($15,000) will become fully due and payable on the date 

of the breach, offset by any civil fine that the Tribe may have paid pursuant to this 

Agreement. In such circumstance, the MGC wiII issue a wsitten notice to Tribe 

pursuant to NIGC debt collection regulations. 25 C.F.R part 513. Tribe Wer 

agrees that the NTGC andlor the U.S. Treasury may proceed against the Tribe to 

colIect the debt of the fifteen thousand dollar ($1 5,000) civil fine, less any 

amounts already paid, and may assess interest, penalties, andlor administrative 

costs from the date of the breach of this Agreement as provided in 25 C.F.R. 

5 13.5. In such circumstance, Tribe agrees to waive any rights to aa oral hearing 

under 25 C.F.R 513.6, but the NIGC shalI provide the Tribe with a reasonabIe 

opportunity to submit written materid to support a request to reconsider the 

determination that the Tribe is in breach of this Agreement or to challenge the 

method by which the NIGC calculated the debt. 

2 6. The Tribe agrees upon execution of this Agreement to waive the right to further 

review of matters addressed in this Agreement, including all rights to appeal to 

the full Commission as set forth in 25 C.F.R Sections 577 et seq. and judicial 

review pursuant to 25 U.S.C. Section 271 4. 

USE OF TRAINING FZTNZ) 

17. As set forth in paragraph 14 of this Agreement, the Tribe agrees to place five 

thousand doIIars ($5,000) in a fund and to submit documentation of its creation to 

NlEC within thirty (30) days of the effective date of this agreement. 

1 8. The Tribe agrees that the fund created through this Agreement will be restricted to 

use anly for training regulators or employees of the Lode Star Casino. 

19. The Tribe agrees to spend all the monies in the fufid by December 3 1,2009. 

20. The Tribe agrees that it wiI1 develop a training plan. to use dl the monies in the 

hd and that it will submit the plan to NEGC by June 12,2009. 

21. The Tribe agrees to submit documentation for each doIIar spent on training, up to 

five thousand dollars ($5,000) as set forth of paragraph 14 of this Agreement, to 

the NlGC within fourteen (14) days of incurring the expense, and that if it does 

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not submit proper documentation to NIGC, it may not use monies from the 

training fund ta pay the expense. 

22. The Tribe agrees that all training paid for with monies from this fund must be 

completed no later than December 3 1,2009. 

23. The Tribe further agrees that it will properly spend and submit appropriate 

documentation to NlGC for all mining fund dollars by December 3 1,2009, as set 

forth in paragraphs P 8, 19,20. and 2 1 of this Agreement. 

ADDITIONAL COVENANTS 

24. This Agreement constitutes the entire a&recrnent between the MGC Chairman 

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

Agreement. Any modification or waiver of any tenn of this Agreement must k 

in writing and signed by both parties. 

25. The Tribe stipulates that this Agreement shaIT be deemed to be the subject of a 

final order of the MGC under 25 C.F.R. 5 575.4Cc)Cl) and a final agency action 

pursuant to 25 C.F.R. 5 577.91d). 

26. The NIGC Chairman and the Tribe expressly agree and acknowledge that time is 

of the essence in this Agreement. The recitals herein shall be binding upon the 

parties, their agents, heirs, pmsonal representatives, successors and assigns. 

27. The parties agree that after the effective date, this Agreement shall be a public 

document and may be published or disclosed by either party. 

28. This Agreement may be executed on one or more counterparts md each shall 

constitute an original. A signature produced by facsimile shall be demned to be 

an original signature and shall be effective and binding for purpose of the 

Agreement. 

Crow Creek Tribe 

Date: 

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