The types of contracts and agreements reviewed typically include, but are not limited to: development agreements loan agreements security agreements promissory notes bond indentures employment agreements independent contractor agreements and, depository account agreements. On request, the OGC will review drafts of agreements and issue an opinion as to whether or not a contract or an agreement implicates management of a tribe’s gaming operation or violates the sole proprietary interest requirement. The OGC is frequently asked to review agreements between tribes and outside parties to ensure that they are not management contracts, and therefore required to be submitted for the Chair’s review and approval, and do not violate IGRA’s sole proprietary interest requirements. IGRA also requires a tribe to maintain the sole proprietary interest in its gaming operation. Such contracts, though, must be approved by the NIGC Chair, or else are void. Pursuant to Indian Gaming Regulatory Act, a tribe may enter into a contract for the management and operation of its gaming operations.
