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REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK

September 30, 2021

VIA E-MAIL

Chairman Edgar B. Kent, Jr. 

Iowa Tribe of Oklahoma

335588 E. 750 Road

Perkins, OK 74059

Re: Review of the Iowa Tribe of Oklahoma Financing Documents

Dear Chairman Kent:

This letter responds to the August 18, 2021, request on behalf of the Iowa Tribe of 

Oklahoma (Tribe) for the National Indian Gaming Commission Office of General Counsel to 

review the financing documents between the Tribe and Columbia State Bank. Specifically, you 

have asked for my opinion on whether the Financing Documents are management contracts

requiring the NIGC Chairman’s approval under the Indian Gaming Regulatory Act. You also 

asked for an opinion whether the Financing Documents violate IGRA’s requirement that a tribe

have the sole proprietary interest in its gaming operation. 

In my review, I considered the following documents submitted on behalf of the Tribe,

which were unexecuted, but were represented to be in substantially final form (Collectively 

“Financing Documents”):

• Credit Agreement, marked as 4846-7176-5480\6 and “NIGC Submission” ; 

• Guaranty, marked as 4823-8774-8587\6 and “NIGC Submission”; and 

• Security Agreement, marked as 4835-8226-5323\6 and “NIGC Submission”.

The Financing Documents contain terms similar to other agreements the Office of 

General Counsel has reviewed and analyzed, opinion letters for which are available on the NIGC 

website. Applying the same analysis here, it is my opinion that the Financing Documents are not 

management contracts or collateral agreements to a management contract, and do not require the 

approval of the Chairman.

Please note that it is my intent that this letter be released to the public through the 

NIGC’s website. If you have any objection to this disclosure, please provide a written statement 

explaining the grounds for the objection and highlighting the information that you believe should 

be withheld. See 25 C.F.R. § 517.7(c). If you object on the grounds that the information qualifies 
Letter to Chairman Edgar B. Kent, Jr.

Re: Review of the Iowa Tribe of Oklahoma Financing Documents

September 30, 2021

Page 2 of 2

as confidential commercial information subject to withholding under Exemption Four of the 

Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(4), please be advised that any 

withholding should be analyzed under the standard set forth in Food Marketing Institute v. Argus 

Leader Media.

1 Any claim of confidentiality should also be supported with “a statement or 

certification by an officer or authorized representative of the submitter.” See 25 C.F.R. § 

517.7(d). Please submit any written objection to FOIASubmitterReply@nigc.gov within thirty 

(30) days of the date of this letter. After this time elapses, the letter will be made public and 

objections will no longer be considered. Id.

If you have any questions, please contact NIGC Staff Attorney Heather McMillan Nakai 

at (202) 527-5577. 

Sincerely,

Michael Hoenig

General Counsel

cc: Verrin T. Kewenvoyouma, via e-mail at: verrin@vtklaw.com; and 

Michael Pignato, via e-mail at: pignato.michael@dorsey.com

 1 139 S. Ct. 2356 (2019).