Kent E. Richey 

Faegre Baker Daniels 

2200 Wells Fargo Center 

90 South Seventh St. 

Minneapolis, MN 55402-3901 

January 9, 2015 

Re: Declination Letter Request for lvfohegan Tribal Finance Authority 

Dear Mr. Richey: 

This letter responds to your December 15, 2014 request on behalf of the Mohegan 

Tribal Finance Authority, an instrumentality of the Mohegan Tribe of Indiat].s of 

Connecticut, for the National Indian Gaming Commission~s Office of General Counsel to 

review a ground lease between the Tribe and lvlTF A and a sublease between the MTFA 

and the Mohegan Tribal Gaming Authority. These leases relate to the construction and 

operation of a hotel. No gaming will occur in the hotel, and the hotel is not connected to 

the Tribe's existing gaming operation. You have asked for my opinion whether the 

documents are management contracts requiring the NIGC Chair's approval under the 

Indian Gaming Regulatory Act, 25 U.S.C. § 270 I et seq. 

The NIGC's jurisdiction under the IGRA is confined to the regulation of gaming. 

See 25 U.S.C. §2702(3). As part of that regulation, the N[GC Chair reviews and 

approves management contracts for the operation of tribal gaming. See 25 U.S.C. § 271 L 

Because management contracts not approved by the Chair are void, and could result in 

enforcement action, the NIGC encourages tribes to submit any gaming-related 

agreements (consulting agreements and game leases, for example) for a determination 

whether they are management contracts under the IGRA and thus subject to review and 

approval. See NIGC Bulletin 93-3, http://www.nigc.gov/Reading_Room/Bulletins/ 

Bulletin_No._1993-3.aspx. 

NF.W MAlllNG ADDRESS: NIGC/D~PARTMeNT Of THE INTERIOR 1>J,jl} c Strer.t ·°:'<W, Moil Sk>p II le?! Vvoshlo!:)tnn, cc 20240 fol: 202.63/. 7(j03 Fa1<: 202.6.32 7066 

REGIONA\ O~Flc~S ?01·'1onrl, OR; Socr'1menlo, CA; Phoenix, AZ; S;. ~aul, ;IJ\N, rul,,,i OK; Uv.lolio1110 Cily, CK 

'WWV/.NIGC,COV 
Kent E. Richey 

January 9, 2015 

Page 2 

The agreements you submitted, however, do not relate to the Tribe's gaming 

operation or any of the gaming activity that will occur there. It appears that you have 

submitted these non-gaming agreements in an over-abundance of caution. We have been 

informed that some lenders are requiring the submission of any and all agreements for 

financing in Indian country to the NIGC for a declination letter prior to the approval of 

funding regardless of whether the agreements at issue relate to gaming. \Vhile the receipt 

of such a letter may give lenders comfort, the NIGC has no jurisdiction over such 

agreements and therefore does not have the authority to review them. Thus, while the 

NIGC continues to encourage the submission of gaming-related agreements, it will not 

review or opine on non-gaming related agreements. 

I anticipate that this letter will be posted to the NIGC's website. Please advise 

within the next 10 business days whether you believe any information contained herein 

is subject to withholding pursuant to the exemptions to Freedom of Information Act, 

5 U.SC. § 552(b). 

Please contact Senior Attorney Maria Getoff ifyou have any questions or 

concerns. 

Eric Shepard 

General Counsel (Acting)