NATIONAL INDIAN GAMING COMMISSION 

- 

NOTICE OF VIOLATION 

TO: Cedric Black Eagle, Chairman 

(Agent for Service of Process) 

Crow7 Tribe 

P.O. Box 159 

Crow Agency, MT 59022 

FAX: (406) 638-3881 

Kayle Howe, Chairman 

Crow Gaming Commission 

P.O. Box 159 

Crow7 Agency, MT 59022 

FAX: (406) 6383951 

1. Nofification of Violation 

The Clhairman of the National Indian Gaming Commission (NIGC) hereby 

gives notice that the Crow Tribe (Respondent or Tribe), located in Crow 

Agency, Montana, has violated NIGC reguIations by submitting untimely 

quarterly statements and fee payments for a11 quarters of calendar year 

2008. 

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 resolution 

approved by the Chairman. 25 U.S.C. 5 2713; 25 C.F.R. 5 573.3. 
3. Applicable Federal Laws 

A. IGRA requires the NIGC to establish a schedule of fees to be paid to 

the Commission annuaIIy by each gaming operation that conducts 

a class 11 or class 111 gaming activity. 25 U.S.C. 5 2717. 

B. NIGC regulations require that each gaming operation under the 

jurisdiction of the Commission shaII pay to the Commission annual 

fees as established by the Corrsmission. 25 C.F.R. 5 514.l(a). 

C. Each gaming operation subject to the jurisdiction of the 

Commission and not exempt from paying fees pursuant to the selfregulation provisions shall file with the Commission a quarterly 

statement showing its assessable gross revenues for the previous 

calendar year. 25 C.F.R. 5 514.l(c). 

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

and December 31 of each caIendar year the gaming operation is 

subject to the jurisdiction of the NIGC. 25 C.F.R. 5 524.1(~)(2). The 

quarterly statements shall be transmitted to the Commission and 

arrive no later than the due date. 25 C.F.R. 5 514.1(~)(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. 5 524.1(~)(5). 

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

statement. 25 C.F.R. 5 514.1 (c)(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. § 502.10. 

4. Role of Quarterly Fees and Quarterly Statements 

The annual fees colIected 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 NIGC receive 

quarterly statements from the gaming operabons in a timely manner so 

that the NIGC is able to set accurate preliminary and final fee rates. 

5. Circu rnstances of the Violation 

A. Respondent is a federaIIy recognized Indian tribe with bibal 

headquarters in Crow Agency, Montana. 

B. The Tribe operated its gaming operation, LiRle Big Horn Casino, 

during aU or part of 2007 and 2008. 

C. The NIGC received untimeIy quarterIy statements and fee 

payments for the Little Big Horn Casino as follows: 

NIGC received statements for all quarters of calendar 

yeas 2008 on April 21,2009. 

NIGC received fee payments for a11 quarters of calendar 

year 2008 on Apd 24,2009. 

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

violated NIGC reguIations. 

6. Measures Required to Correct the Violation 

While 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 pIace. 

7. Appeal 

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

Respondent may appeal to the fuII 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, 1441 L Street NW, Ninth Floor, 

Wash:ington, 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 appeal, Respondent must file 

with the Commission a supplemental statement that states with 

particularity the relief desired and the grounds therefore and that 

includes, when available, supporting evidence in the form of affidavits. 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 oraI hearing arid instead 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 civiI fine 

agairlst 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 (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 

information submitted in determining the facts surrounding the vioIation 

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. §,M~'(ZO). 
Certificate of Service 

I certify that this Notice of Violation was sent by facsimiIe transmission and 

certified U.S. mail, return receipt requested, on this Eday of May, 2009 to: 

Cedric Black EagIe (Agent fox Service of Process) 

Chairman 

Crow Tribe 

P.O. 13ox 159 

Crour Agency, MT 59022 

FAX: (406) 638-3881 

Kayle Howe 

Chairman 

Crow Gaming Commission 

P.O. Box 159 

Crow Agency, MT 59022 

FAX: (406) 638-3951