25 C.F.R. § 533.1
Requirement for review and approval
Subject to the Chairman's approval, an Indian tribe may enter into a management contract for the operation of a class II or class III gaming activity.
(a) Such contract shall become effective upon approval by the Chairman.
(b) Contract approval shall be evidenced by a Commission document dated and signed by the Chairman. No other means of approval shall be valid.
Notes of Decisions
Cited in 16
cases, 1996–2016 · leading case: Catskill Dev., L.L.C. v. Park Place Ent. Corp., 547 F.3d 115 (2d Cir. 2008).
Catskill Dev., L.L.C. v. Park Place Ent. Corp., 547 F.3d 115 (2d Cir. 2008). “§§ 2710 (d)(9), 2711, nor the NIGC’s implementing regulations, 25 C.F.R. §§ 533.1 , 533.7, 15 expressly require that a gaming *126 contract relate to Indian lands for it to be subject to NIGC approval.”
Catskill Dev., L.L.C. v. Park Place Ent. Corp., 154 F. Supp. 2d 696 (S.D.N.Y. 2001). “See also 25 C.F.R. § 533.1 (stating that Class II and III management contracts “shall become effective upon approval by the Chairman [of the NIGC]”).”
McIntosh Cnty. Bank v. Dorsey & Whitney, LLP, 745 N.W.2d 538 (Minn. 2008). “§ 2711 (a) (2000); 25 C.F.R. § 533.1 (2007). The Management Agreement received NIGC approval.”
Debary v. Harrah's Operating Co., Inc., 465 F. Supp. 2d 250 (S.D.N.Y. 2006). “25 C.F.R. § 533.1 . According to these duly-promulgated regulations, a “management contract” is defined as “any contract, subcontract, or collateral agreement between an Indian tribe and a contractor.”
Catskill Dev., L.L.C. v. Park Place Ent. Corp., 144 F. Supp. 2d 215 (S.D.N.Y. 2001). “Regulations passed pursuant to the IGRA state that such contracts “shall become effective upon approval by the Chairman,” 25 C.F.R. § 533.1 , and that a gaming management contract not approved by the NIGC is void.”
Bruce H. Lien Co. v. Three Affiliated Tribes, 93 F.3d 1412 (8th Cir. 1996). “See 25 C.F.R. Part 533.1 et. seq. The Tribes thereafter sought a postponement of the arbitration proceedings pending NIGC review of the contract.”
Bremer Bus. Fin. Corp. v. Dorsey & Whitney LLP (In Re SRC Holding Corp.), 352 B.R. 103 (Bankr. D. Minn. 2006). “See 25 C.F.R. § 533.1 (requiring agency review of management contracts for Class II and Class III gaming); 25 C.”
Bettor Racing, Inc. v. Nat'l Indian Gaming Comm'n, 812 F.3d 648 (8th Cir. 2016). “” 25 C.F.R. § 533.1 (b). “[T]he regulations mandate that any management contract that does not receive approval is void, and that any attempted modification of an approved contract that does not comply with the regulations and does not receive approval, is also void.”
Catskill Dev., L.L.C. v. Park Place Ent. Corp., 217 F. Supp. 2d 423 (S.D.N.Y. 2002). “25 C.F.R. § 533.1 . According to these duly-promulgated regulations, a “management contract” is defined as “any contract, subcontract, or collateral agreement between an Indian tribe and a contractor or between a contractor and a subcontractor if such contract or agreement…”
Iowa Mgmt. & Consultants, Inc. v. Sac & Fox Tribe of the Mississippi in Iowa, Meskwaki Nation, 207 F.3d 488 (8th Cir. 2000). “§ 2711 (1994); 25 C.F.R. § 533.1 (1999), that the required approval had not been obtained, and that the agreement was thus void, see id.”
Miami Tribe of Oklahoma v. United States, 198 F. App'x 686 (10th Cir. 2006). “”); see also 25 C.F.R. § 533.1 (b) (outlining that “[gaming cjontract approval shall be evidenced by a Commission document dated and signed by the Chairmen [and that n]o other means of approval shall be valid”).”
Gaming World Int'l, Ltd. v. White Earth Band of Chippewa Indians, 317 F.3d 840 (8th Cir. 2003). “§ 2705 (a)(4); 25 C.F.R. § 533.1 (b), and every management contract must contain a provision acknowledging this fact.”
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