NATIONAL INDEAN GAMING COMMISSION 

NOTlCE OF VIOLATION I 

TO: Berry Creek Rancheria 

Attn: Jim Edwards, Chairperson (Agent for Service of Process 

4020 OIive Highway 

Oroville, CA 95966 

FAX: (530) 534-9 1 24 

Jack Johnson 

Beny Creek Rancheria Gaming Commission 

4020 Olive Highway 

Orovilfe, CA 95966 

FAX: (530) 534-9124 

1. Notification of Violation 

The Chairman of the National Indian Gaming Commission (N~Gc) hereby gives 

notice that the Berry Creek Rancheria (Respondent or Tribe), located in Oroville, 

California, has violated NIGC regulations by faiIing to submit timeIy quar~erfy 

statements and fee payments for the quarters ending March 3 I, 2008, June 30, 

2008, and September 30,2008. 

2. A~ithoritv I 

Under the Indian Gaming Regulatory Act (IGRA) and NlGC regulations, the 

Chairman of the NTGC (Chairman) may issue a Notice of Violation (?WV) 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 Chaiman. 

25 U.S.C. 5 2713; 25 C.F.R. 4 573.3. I 

3. lipplicabEe Federal Laws 

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

Commission annually by each gaming operation that cbnducts a class TI or 

class 111 gaming activity. 25 U.S.C. 8 2717. I 

R. NIGC regilations require that each gaming operation uhder the 

jurisdiction of the Commission shall pay to the Commission annual fees as 

established by the Commission. 25 C.F.R. tj 5 14.1 (a). I 
C. Each gaming operation subject to the jurisdiclion of tlie Commission and 

not exempt from paying fees pursuant to the sel f-regulktion provisions 

shall file with the Commission a quarterly statement showing its 

assessable gross revenues for the previous calendar year. 25 C.F.R. 8 

5 14.1 (c). 

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

December 3 1 of each calendar year the gaming operation is subj ject ta the 

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

statements shaII be transmitted to the Commission and larrjve no later than 

the due date. 25 C.F.R. 5 5 14.1 (c$(4). I 

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 5 14.1 (c)(5). 

F. NIGC regulations define "gaming operation" as "each kconomic 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. 5 502.1 0. 

4. Role of Quarterly Fees and Quarterlv 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 mukt set a fee rate 

sufficient to fund its annual budget, yet may not exceed the fed cap set by 

Congress. Thus, it is imperative that the NIGC receive quarter]~y statements from 

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

pselinlinary and final fee rates. 

5. Circumstances of the Violation 

A. Respondent is a federally mcognized lndian Tribe with1 tribal headquarters 

in Oroville, California. 

B. The Tribe operated its gaming operation. Gold Country Casino, during all 

of 2007 and 2008. 

C. The NIGC received untirneIy quarterly statements and fee paymcnts as 

follows: 
For the quarter ending March 3 

late; 

For the quarter ending June 30,2008 on I days 

late; and 

For the quarter ending September 

21 days late. 

D. These untimely submissions violate NTGC mgulations. 

6. Measures Required to Correct the Violation 

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

appeal to the full Commission undm 25 C.F.R. Part 577 by su6rnitting a notice of 

appeal, and, if desired, request for hearing to the Nationat Indihn Gaming 

Commission, 1441 L Street NW, Ninth Floor, Washington, DC 20005. 

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

appeal must reference this Notice of VioIation. 

While there is no remedial action that can correct the untimely 

quarterly statements and fees, improved controls to ensure timely 

future quarterly statements and fees should be put in place. 

sribrnission of 

submission of 

8. Fine-Submission of Information 

Within ten (1 0) days after filing a notice of appeal, ~es~ondent must file with the 

Commission a supplemental statement that states with particularity the relief 

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

evidence in the form of affidavits. If Respondent wishes to prksent oral testimony 

or witnesses at the hearing, Respondent must include a requestl 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 natur I of their expected 

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

Thc violation cited above may result in the assessment ofa civh fine against 

Respondent in an amount not to exceed $25,000 per violation her day. Undcr 25 

C.F.R. (1 575.5(a), Respondent may submit written infomatiorr about the violation 

to the Chairman within fiReen (1 5) days after service of this ndtice of violation 

(or such longer period as the Chairman may grant for good ca~dsc). The Chairman 

shall consider any information submifitcd in determining the fakts surrounding the 

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

waives its right to an oral hearing and instead elect to have the 

by the Commission solely on thc basis of written submissions. 

matter determined 
9. Assessment of Interest 

Interest may be assessed at rates set by the Secretary of Treas 

due date. 3 1 U.S.C. 6 371 7 and 25 

my JOHN R. HAY 

Attorney 

' on amounts 

7.R. 5 
Certificate of Service 

I certify that this Notice of Violation was sent to the following by facsimile transmission 

and certified U.S. mail, return receipt requested this E%ay of April. 2009 to: 

i 

Jim Edwards, Chairperson 

402 Olive Highway 

Oroville, CA 95966 

FAX: (530) 534-9124 

Jack Johnson 

Berry Creek Rancherja Gaming Commission 

4020 Olive Highway 

Oroville, CA 95966 

FAX: (530) 534-4124 

b' I karic& Fragua Office of lthe General Counsel 

National Indian baming Commission 

1441 L Street, NMr - Suite 9100 

Washington,, D.C. 20005