Negotiating Enforceable Tribal Gaming Management Agreements
Abstract
GAMING LAW REVIEW Volume 7, Number 1, 2003 ©Mary Ann Liebert, Inc. Negotiating Enforceable Tribal Gaming Management Agreements HEIDI MCNEIL STAUDENMAIER INTRODUCTION NIGC APPROVAL PROCESS FOR MANAGEMENT CONTRACTS There are three prongs to the NIGC management contract approval process, all of which can proceed simultaneously. Each prong must be completed entirely before the management contract can be approved by the NIGC Chairman. These prongs include: (1) legal and financial review of the management contract and all âcollateralâ documents, including financing agreements; (2) compliance with the National Environmental Policy Act (NEPA); and (3) finding of suitability of all companies and individuals with a direct or indirect financial interest in the management contract. 6 Each of these prongs is time-intensive and requires S 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