National Indian Gaming Commission 

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NOTICE OF VIOLATION 

To: Ray K. Eder, Chairman (Agent for Se~ce of Process) 

Assiniboine & Sioux Tribes of the 

Fort Peck Reservation 

P.O. Box 1027 

Poplar, MT 59255 

FAX (406) 768-5478 

Sidney Bird, Chairman 

Assiniboine & Sioux Tribes of the 

Fort Peck Reservation 

Tribal-State Agreements Oversight Commission 

P.O. Box 1027 

Poplar, MT 59255 

FAX: (406) 768-3356 

Robert McAnally 

Gaming Commission Counsel 

P.O. Box 398 

Poplar, MT 59255 

FAX. (406) 768-6306 

1. Notification of Violation 

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

the Assiniboine & Sioux Tribes of the Fort Peck Reservation (Respondent or Tribe), located 

in Poplar, Montana, is in violation of NIGC regulations for failure to submit timely quarterly 

fee statements and fee payments. 

2. Authoritv 

Under regulations of the National Indian Gaming Commission, the Chairman of the NIGC 

(Chairman) may issue a Notice of Violation WOV) to any person for violation of any 
provision of the Indian Gaming Regulatory Act (IGRA), NIGC regulations, or any provision 

of a tribal gaming ordtnance or resolution approved by the Chairman. 25 C.F.R. § 573.3. 

3. Avvlicable Federal and Tribal Laws 

A. 25 U.S.C. § 2717(a) - IGRA mandates that the Commission shall establish a 

schedule of annual fees to be paid to the Commission annually by each Indian 

gaming operation that conducts class I1 or class I11 gaming, and that such fees 

shall be payable to the Commission on a quarterly basis. Failure to pay the 

scheduled fees may be grounds for revocation of the approval of the Chairman 

of any license, ordinance, or resolution required for the operation of gaming. 

B. 25 C.F.R. §$ 514.1 (c) and 514.1 (c)(2)-(4) - NIGC regulations require that each 

gaming operation on Indian lands compute quarterly statements determining the 

amount of fees owed to the Commission. The quarterly statements are due on 

March 31, June 30, September 30, and December 31 of each calendar year the 

gmg operation is subject to the jurisdiction of the NIGC. The quarterly 

statements shall be transmitted to the Commission to amve no later than the due 

date. 

C. 25 C.F.R. § 514.1(~)(5) requires each gaming operation to remit to the 

Commission the fees due each quarter with the quarterly statement. 

4. Role of Ouarterlv Fees and Ouarterlv Statements 

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The annual fees collected by the NIGC in order to fund the agency's work are based upon 

the quarterly worksheets 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 worksheets from the gaming operations in a 

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

5. Circumstances of the Violation 

A. Respondent is a federally recognized Indian Tribe with tribal headquarters in 

Poplar, Montana. 

B. Respondent operated its gaming facilities, Dad's Bar, Git-N-Go, Nakoda 

Trail Stop, T.J.' Qulhstop, Tribal Express Casino, Tribal Express Too (Wolf 

Point), B & S Laundry, Silverwolf Casino, KC Lodge, and Little Lodge, 

during all or part of the following year: 2003 & 2004. 

The NIGC received untimely quarterly statements for the quarters ending 

March 31, June 30, and December 31,2004. The quarterly statements were 

received by the NIGC on February 8,2005. Further, the quarterly statements 

combined information for all of Respondent's gaming operations: Dad's Bar, 

Git-N-Go, Nakoda Trail Stop, TJ.' Quikstop, Tribal Express Casino, Tribal 
Express Too (Wolf Point), B & S Laundry, Silverwolf Casino, KC Lodge, 

and httle Lodge. 

No quarterly statement was received for the quarter endtng September 30, 

2004, for any of the Tribe's gaming operations. 

Pursuant to NIGC regulations, quarterly statements and fee payments for 

each of the Tribe's gaming operations were due on March 31, June 30, 

September 30, and December 31,2004.25 C.F.R. § 514.1 (c)(2). Quarterly 

statements and fee payments must axrive at the NIGC on or before the 

quarter ending date. 25 C.F.R. § 514.1 (c)(4). 

Pursuant to NIGC regulations, each gaming operation subject to the 

jurisdiction of the Commission is required to file a quarterly statement 

showing its assessable gross revenues for the previous calendar year. 25 

C.F.R. $514.l(c). Respondent is in violation of this regulation for failure to 

submit separate quarterly statements for each of its gaming operations. 

6. Measures Remired to Correct these Violations 

There is no way to rectify the late submission of the March 3 1, June 30, September 30, and 

December 31,2004 quarterly statements. The regulations require that quarterly statements 

and fee payments, if applicable, be transmitted to the Commission to arrive no later than the 

due date. 

7. Appeal 

Within 30 (thrgr) days after service of this Notice of Violation, Respondent may appeal 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, 1441 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 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 wimesses must speclfy the names of proposed wimesses and the 

general nature of their expected testimony, whether a closed hearing is requested and why. 

Respondent may waive its right to an oral hearing and 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 cid he 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 15 

days after service of this notice of violation (or such longer period as the Chairman of the 

good cause). The Chairman shall consider any information 

facts surrounding the violation and the amount of the civil 

CM 

National Indian Gaming Commission 

Staff Attorney 
ATTACHMENTS NOT INCLUDED; AVAILABLE FROM 

OGC