NIGC Chair Vacancy Limits Oversight of $46 Billion Tribal Gaming Industry

ALBUQUERQUE, N.M.: A vacancy at the National Indian Gaming Commission is blocking several powers reserved for its chair, including key enforcement and approval actions. The gap is already delaying a Harrah’s management agreement in Oklahoma and raising concerns across the $46 billion tribal gaming industry.

The NIGC has operated without a chair since acting Chair Sharon Avery’s term in that role expired on Jan. 12. Without someone in the position, the commission cannot perform certain functions, including issuing enforcement actions, approving tribal gaming ordinances and certifying management agreements between tribes and casino companies.

Harrah’s Management Agreement Stuck in Limbo

The effects are visible at the Iowa Tribe of Oklahoma’s new Harrah’s-branded casino in Chandler, which opened in April. Plans for Harrah’s parent company to take over day-to-day management have stalled because the required federal agreement cannot be certified without an NIGC chair.

The tribe is consequently managing the 175,000-square-foot casino itself, despite having planned to outsource those responsibilities. Chairman Jacob Keyes said the Harrah’s brand had helped generate heavy traffic from opening day, making the absence of the planned management arrangement more significant for the tribe’s staff.

“It’s discouraging. We’re paying a fee and not getting the full value,” Keyes said. Tribal employees are now balancing casino management with government duties that include budgeting and oversight of social programs.

Key Enforcement Powers Rest With the Chair

Congress created the three-member NIGC in 1988 under the Indian Gaming Regulatory Act. The commission oversees a sector that now includes about 545 gaming facilities operated by roughly 250 tribal governments across 29 states, according to the report.

Tribal gaming generated a record $46 billion in 2025, with casino proceeds supporting services including healthcare, education, housing and tribal government programs. Industry officials argue that prolonged uncertainty at the commission could slow investment and business agreements while reducing federal oversight.

Federal law places several enforcement authorities directly with the NIGC chair. Those include the ability to issue certain notices of violation and order temporary closures when facilities present qualifying legal or safety concerns.

The commission’s most recent enforcement action was issued Jan. 12, the same day Avery’s acting chair term ended. Avery remains a commissioner, while Billy Kirkland, a citizen of the Navajo Nation and assistant secretary for Indian affairs, was appointed to the commission in April.

Former NIGC chair Jonodev Chaudhuri described the situation as particularly difficult for tribal governments. “At this crucial time, the (National Indian Gaming Commission) is operating with one arm tied behind its back”, he said.

Prediction Markets Add to Tribal Gaming Concerns

The leadership vacancy comes as tribes are also challenging the expansion of online prediction markets. At least eight tribes have sued prediction market platforms, arguing that contracts offered on sports and other events can infringe tribal gaming rights and violate the Indian Gaming Regulatory Act.

The dispute forms part of a wider tribal legal fight against sports prediction markets. Platforms including Kalshi and Polymarket maintain that their products are federally regulated event contracts rather than gambling and reject claims that they are bypassing tribal gaming law.

Industry representatives say an NIGC chair would normally provide a stronger federal voice for tribal gaming as regulators and courts address those questions. The White House has not announced when a nominee will be put forward, according to the AP report.

For the Iowa Tribe, the immediate issue remains its casino management agreement. Until the commission regains the authority needed to certify such arrangements, the tribe’s staff is expected to continue managing the Chandler property while waiting for the federal leadership gap to be resolved.

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