Abstract
SINCE THE PASSAGE OF THE INDIAN GAMING REGULATORY ACT in 1988 (IGRA),1 a number of businesses (including tribes and tribal entities) have entered into casino management contracts with various Indian tribes. Many other individuals and entities continue to explore the business opportunities with tribal gaming operations, either as managers or consultants. Pursuant to the IGRA, all management contracts require approval by the National Indian Gaming Commission (NIGC) before such contracts are deemed valid and enforceable.2 Consulting agreements do not need the approval of the NIGC, although it is advisable to obtain a “declination” letter from the NIGC stating that the agreement does not constitute a management contract under the IGRA. The recent Catskill3 and Casino Magic4 court decisions (discussed below) have highlighted the importance of obtaining a declination letter to assure enforceability of a non-management agreement and other documents that may be “collateral” to a management agreement.5 This article will outline the requirements for seeking to obtain enforceable agreements with tribal casinos and recent case law interpreting the relevant regulations. NIGC APPROVAL PROCESS FOR MANAGEMENT CONTRACTS
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