Today, National Indian Gaming Commission (NIGC) Chairman Phil Hogen issued a
Notice of Violation (NOV) to the Puyallup Tribe of Indians in the State of
Washington for misallocation of net gaming revenues. The Chairman issued the
NOV in accordance with the Indian Gaming Regulatory Act (IGRA) and NIGC’s
regulations. The NIGC Chairman may issue an NOV to any person for violation
of any provision of IGRA, NIGC regulations, or any provision of a tribal
gaming ordinance or resolution approved by the Chairman. Earlier this year,
NIGC investigators and auditors determined the Tribe was not in compliance
with its Revenue Allocate Plan (RAP), which was approved by the Secretary of
the Interior on April 28, 2003. The NIGC investigation revealed that the
Tribe’s per capita payments were significantly out of compliance with the
Tribe’s RAP, thereby constituting a misallocation of net gaming revenues in
violation of the Indian Gaming Regulatory Act. It was also discovered that
the Tribe was not complying with other key provisions in the RAP. The
Chairman issued this NOV because these violations are serious obstacles to
the long term financial health of the Tribe. Chairman Hogen commented, “Our
primary goal in this case is to encourage the Tribe to come into compliance
with the approved RAP. Once compliance is achieved, the Tribe will have the
ability to provide funding for vital programs and generations to come.”