NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Turtle Mountain Band of Chippewa Indians 

At-: Ricl~ard Marcelhis, Chairman 

PO Box 900 

BeIcourt, ND 58316 

FAX: (702) 447-8768 

Turtle Mountain Tribal Gaming Commission 

Attn: Marty Davis, Agent for Service of Process 

PO Box 900 

Belcourt, ND 58316 

FAX: (702) 244-0245 

1. Notification of Violation 

The Chairman of the NationaI Indian Gaming Commission (NIGC) hereby 

gives notice that the Turtle Mountain Band of Chippewa Indians 

(Respondent or Tribe), located in BeIcourt, North Dakota, has violated 

NIGC regulations by failing to submit timely quarterly statements and fee 

payments. 

2. Authority 

Under the Indian Gaming ReguIatory 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. 5 2713; 25 C.F.R. 5 573.3. 

3. Applicable Federal Laws and TribaI Ordinance Provisions 

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 cIass II or cIass III gaming activity. 25 U.S.C. 5 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. § 514.1 (a). 

C. Each gaming operation subject to the jurisdiction of the 

Commissian and not exempt from paying fees pursuant to the selfregulation provisions shall file with the Commission a quarterly t LnTAr;"m i+'? ~c#?occ~hl* e,.***e "-nTrn-*Tnm in* th,. -*n~7:,.** rn statemem s,,, ,, uLE, u,L,,lL 5LV3J L.LvTILUEJ LwL LILT: y+cViuUP 

calendar year. 25 C.F.R. 5 514.1 (c). 

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

and December 31 of each calendar year the gaming operation is 

subject to the jurisdiction of the NIGC. 25 C.F.R. 3 514.l(c)(2). The 

quarterly statements shaII be transmitted to the Commission and 

arrive no later than the due date. 25 C.F.R. 3 514.1(~)(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. 5 514.1(~)(5). 

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

statement. 25 C.F.R. 3 514.1(~)(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. 5 502.10. 

4. Role of Quarterly Fees and Quarterly Statements 

The annuaI 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 NEGC receive 

quarterly statements from the gaming operations in a timely manner so 

that the NIGC is abIe to set accurate preIiminary and final fee rates. 
5. C~cumstmces of the Violation 

A. Respondent is a EederalIy recognized Indian Tribe with tribal 

headquarters in Belcourt, North Dakota. 

B. The Tribe operated its gaming operation, Sky Dancer Casino, 

during dl or part of 2007 and 2008. 

C. The NIGC received untimely quarterly statements and fee 

payments for the Sky Dancer Casino as follows: 

For the quarter ending June 30,2008, NIGC received 

statements and fees July 18,2008, eighteen (18) days Iate. 

For the quarter ending December 31,2008, NIGC 

received statements and fees January 15,2009, fifteen 

(15) days late. 

D. By failing to submit timely statements and fees, the Tribe has 

violated NIGC regulations. 

6. Measures Required to Correct the Violation 

WhiIe there is no remedia1 action that can correct the untimely submission 

of quarterly statements and fees, improved controls to ensure timely 

submission of future quarterly statements and fees shouId be put in place. 

7. Appeal 

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

Respondent may appeaI 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, 3441 L Street NW, Ninth Floor, 

Washington, DC 20005. Respondent has a right to assistance of counsel in 

such an appeal. A notice of appeal must reference this Notice of Violation. 

Within ten (10) days after filing a notice of appeaI, Respondent must file 

with the Commission a supplementa1 statement that states with 

particularity the relief desired and the grounds therefore and that 

includes, when available, supporting evidence in the form of affidavits. Tf 

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 soIeEy on the basis of 

written submissions. 

8. Fine-Submission of Infomation 

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. 5 575.5(a), Respondent may submit written 

information about the violation to the Chairman within fifteen (1 5) days 

after service of this notice of violation (or such Ionger period as the 

Chairman may grant for good cause). The aairman shalI 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. 31 U.S.C. 5 3717 and 25 

C.F.R. 5 514 .I(c)(IO). 

+ Dated this ,/J of April, 2009 

---PHILIP N. HOGEN 

Chairman 
Certif~cate of Service 

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

U.S. mail, return receipt requested, on this 13~~ day of April, 2009 to: