[Senate Hearing 118-565]
[From the U.S. Government Publishing Office]
S. Hrg. 118-565
NOMINATION OF HON. PATRICE H. KUNESH TO
BE CHAIRMAN OF THE NATIONAL INDIAN
GAMING COMMISSION
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HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
__________
SEPTEMBER 18, 2024
__________
Printed for the use of the Committee on Indian Affairs
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
__________
U.S. GOVERNMENT PUBLISHING OFFICE
58-738 PDF WASHINGTON : 2025
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COMMITTEE ON INDIAN AFFAIRS
BRIAN SCHATZ, Hawaii, Chairman
LISA MURKOWSKI, Alaska, Vice Chairman
MARIA CANTWELL, Washington JOHN HOEVEN, North Dakota
JON TESTER, Montana STEVE DAINES, Montana
CATHERINE CORTEZ MASTO, Nevada MARKWAYNE MULLIN, Oklahoma
TINA SMITH, Minnesota MIKE ROUNDS, South Dakota
BEN RAY LUJAN, New Mexico
Jennifer Romero, Majority Staff Director and Chief Counsel
Amber Ebarb, Minority Staff Director
C O N T E N T S
----------
Page
Hearing held on September 18, 2024............................... 1
Statement of Senator Cortez Masto................................ 23
Statement of Senator Hoeven...................................... 22
Statement of Senator Murkowski................................... 2
Statement of Senator Schatz...................................... 1
Statement of Senator Smith....................................... 3
Witnesses
Kunesh, Hon. Patrice H., Nominee to be Chairman of the National
Indian Gaming Commission....................................... 4
Biographical information..................................... 7
Prepared statement........................................... 6
Appendix
Letters of support submitted for the record...................... 27-34
Response to written questions submitted to Hon. Patrice H. Kunesh
by:
Hon. John Hoeven............................................. 34
Hon. Ben Ray Lujan........................................... 35
Hon. Markwayne Mullin........................................ 36
Hon. Lisa Murkowski.......................................... 38
NOMINATION OF HON. PATRICE H. KUNESH TO BE CHAIRMAN OF THE NATIONAL
INDIAN GAMING COMMISSION
----------
WEDNESDAY, SEPTEMBER 18, 2024
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10:19 a.m. in
room 628, Dirksen Senate Office Building, Hon. Brian Schatz,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
The Chairman. Good morning. Today, the Committee will
consider the nomination of the Honorable Patrice H. Kunesh of
Minneapolis, Minnesota, to be the Chair of the National Indian
Gaming Commission for a term of three years.
The President nominated Ms. Kunesh on July 23, 2024. She
currently serves as the Commissioner of the Administration for
Native Americans at the Administration for Children and
Families in the U.S. Department of Health and Human Services.
Before we begin, I would like to welcome Ms. Kunesh and
thank her for joining us, and thank her for always saying yes
when being asked to serve.
This hearing is an important first step in carrying out the
Senate's constitutional obligation to provide advice and
consent. It is an opportunity to learn how, if confirmed, Ms.
Kunesh plans to carry out and uphold the United States' trust
responsibility to tribes, and oversight function of the
National Indian Gaming Commission over Indian gaming.
It is our duty to establish a record of the nominee's
policy views on Indian gaming, how she sees her role as chair,
her plans to maintain the integrity of the agency she would
lead, and how she would engage with tribal nations on a
government-to-government basis.
The Indian Gaming Regulatory Act established the NIGC as an
independent, bipartisan regulatory agency within the Department
of the Interior. The chair of the NIGC has important statutory
powers that are critical to the regulation of Indian gaming,
including the power to approve Class II and Class III gaming
ordinances or resolutions, the power to impose fines and order
the temporary closure of gaming facilities, and finally, the
power to approve management contracts for Class II and Class
III gaming.
This Committee considered the nomination of former NIGC
Chair Simermeyer, who was confirmed by the full Senate in 2019.
The position of chair has been unfilled since the resignation
in February of 2024. It has been almost 40 years since Congress
passed the Indian Gaming Regulatory Act. Gaming technology has
rapidly advanced over the decades from electronic bingo to
online sports betting. It continues to evolve quickly.
Technology holds great opportunity, but with it regulatory
challenges change and grow. The NIGC must adapt and its chair,
as the top Indian gaming regulator, must exercise their
statutory powers while staying true to the commission's mission
to promote tribal economic development and self-determination
in their gaming activities.
This is no easy task, but Ms. Kunesh is a proven leader who
can and will achieve this important balance. The Committee
reported her nomination as ANA Commissioner favorably and the
Senate confirmed her by a vote of 57 to 35 in February of 2023.
Ms. Kunesh continues to serve in that capacity and has done so
with distinction.
I am confident that Ms. Kunesh will bring the same strong
leadership and ethics to the position as she does in her role
as ANA commissioner. The Committee has received endorsements
from tribes and tribal organizations supporting Ms. Kunesh's
confirmation and I have made them all part of the record today.
I look forward to considering this important nomination and
working with the Vice Chair and my colleagues to move this
nomination through our Committee.
Vice Chair Murkowski?
STATEMENT OF HON. LISA MURKOWSKI,
U.S. SENATOR FROM ALASKA
Senator Murkowski. Thank you, Mr. Chairman.
Ms. Kunesh, welcome back to the Committee, and
congratulations on your nomination.
As the Chairman has noted, you are no stranger here in the
Senate Indian Affairs Committee. In your current capacity as
Commissioner for the Administration for Native Americans, you
have appeared before us on our oversight hearing on public
safety needs. In 2019, you participated in a Committee hearing
to examine lending opportunities for tribal home ownership.
I think it is fair to say that public safety and housing
are top issues, certainly in my State, and I know it is for my
fellow colleagues here on the Committee as well. So thank you
for your work on these challenging issues and your continued
commitment to serve.
I do think it is important to talk a little bit about the
commission that you are nominated to. As the Chair has noted,
the commission was established by the Indian Gaming Regulatory
Act of 1988. It is an independent Federal Regulatory agency
housed at DOI.
The commission has a big job. It is responsible for
protecting the integrity of Indian gaming from mismanagement
and infiltration by criminal elements. It does this by
monitoring tribal activities at more than 500 casinos in 29
States, conducting site inspections and processing background
checks on tribal gaming employees.
The NIGC also plays an important role in safeguarding
gaming revenue for tribes, which must go toward supporting
tribal governments and social services. It is a big, big
business. Revenues topped $41.9 billion last year. This is an
increase of $1 billion in gross revenues from last year.
And as the Chair has noted, the chairman of the commission
is a pretty powerful position, with exclusive authority to levy
fines, and issue closure orders to tribal casinos that would
violate NIGC regulations. The chair is also responsible for
approving gaming ordinances and contracts between tribes and
casino management firms.
The mission of the NIGC takes on added significance given
the tremendous changes that are occurring in the tribal gaming
industry today. In recent years, tribes have entered commercial
gaming markets that were unimaginable when IGRA was enacted
back in 1988. Today, several tribes own casinos along the Las
Vegas strip. Tribes have also entered the sports betting world.
Some tribes offer sports betting apps for mobile devices, which
is a rapidly growing industry.
I think it is a testament to tribes and IGRA that tribes
have achieved this level of success in the gaming industry. But
we know that there are bad actors out there that might threaten
the success. Tribal casinos are targets for cybercriminals,
including ransomware attacks that have cost millions of dollars
in losses, and casinos, tribal and non-tribal, have long
attracted human trafficking and illicit drug activity that prey
on the Nation's most vulnerable.
So more has to be done to address the threats. I think we
would all acknowledge that.
So I am looking forward to hearing from you this morning on
your views about these matters during this hearing. Again,
thank you for your willingness to step up to this position.
The Chairman. Thank you very much, Vice Chair.
Senator Smith?
STATEMENT OF HON. TINA SMITH,
U.S. SENATOR FROM MINNESOTA
Senator Smith. Thank you. I want to thank the Chair and
Vice Chair and this Committee for holding this nomination
hearing today to consider the nomination of Patrice Kunesh, a
descendant of the Standing Rock Lakota, to serve as chair of
the National Indian Gaming Commission.
Mr. Chair, Vice Chair and Committee colleagues, I have
known Patrice for many long years. We have done much work
together. I can tell you, though you don't need me to tell you
this, because she has been before our Committee before, that
she is an exemplary public servant. I know she will do an
excellent job in this role.
As you have noted, Mr. Chair, Commissioner Kunesh currently
leads the Administration for Native Americans at the Department
of Health and Human Services. This is just her latest role in
her lifetime of service to Indian Country.
Just in the Federal Government, she has served in the
Department of Interior, Department of Agriculture and the
Minneapolis Fed Bank Centers for Indian Country Development, as
well as the Department of Justice.
At the Fed, Patrice oversaw some of the most important
research that we have seen about the impact of gaming on tribal
economies. So she knows first-hand the importance of gaming.
And as attorney to the Mashantucket Pequot, she saw the origin
of gaming and how it works at the tribal level.
So I think you have an outstanding portfolio of experience
to bring to this role. I am very grateful for your willingness
to continue to serve Indian Country in this new capacity. Thank
you so much and welcome to the Committee.
The Chairman. Thank you very much, Senator Smith.
Are there any other members wishing to make an opening
statement? If not, Ms. Kunesh, please rise and raise your right
hand.
Do you solemnly affirm that the testimony you give today
shall be the truth, the whole truth and nothing but the truth
under penalty of perjury?
Ms. Kunesh. Yes.
The Chairman. Thank you. Please be seated.
I will remind you that we have your full written testimony
which will be made part of the official hearing record. Please
keep your statement to no more than five minutes, so that
members have time for questions.
Ms. Kunesh, please proceed with your opening statement.
STATEMENT OF HON. PATRICE H. KUNESH, NOMINEE TO BE CHAIRMAN OF
THE NATIONAL INDIAN GAMING COMMISSION
Ms. Kunesh. Good morning, Chairman Schatz, Vice Chairman
Murkowski, and distinguished members of the Committee. Thank
you so much for the opportunity to appear before you today as
President Biden's nominee for Chair of the National Indian
Gaming Commission.
I grew up in a small town in central Minnesota. I am the
seventh of 13 siblings, the mother of two daughters, and an
unci, a grandmother, to the delightful Lucy Wintermoon. They
are my pride and joy.
Two strong influences have shaped my three-decade career in
Federal Indian law and policy. One was my grandfather and the
other was my father. My grandfather was born in 1902 on the
Fort Berthold Reservation in North Dakota, home of the Three
Affiliated Tribes, Mandan, Hidatsa, and Arikara. He spent his
early years in Fort Yates on the Standing Rock Sioux
Reservation.
He was enrolled at Standing Rock Tribe, as was my mother.
Like most Native families at the time, he was impacted by
painful separations due to Federal Indian boarding school
policies. It wasn't until 1924 that Congress passed the Indian
Citizenship Act to confirm U.S. citizenship status on Native
people, including their right to vote and own property. By
then, my great grandmother made the courageous move to
Minnesota in hopes of a more stable life. My grandfather
remained close to his family on Standing Rock and his mother
was buried there.
It feels remarkable to me that his granddaughter was
confirmed by the Senate in 2023 as Commissioner of the
Administration for Native Americans at the Department of Health
and Human Services by a bipartisan vote.
My father's work for local government as both county and
city attorney involved cases involving social services and the
criminal justice systems. He was a strong advocate for Native
youth and Native men who found themselves homeless or
incarcerated due to the Federal Indian relocation and child
removal policies.
Their narratives, my grandfather's devotion to his
homelands and my father's pursuit of justice, as well as my
mother's ardent love for family, instilled in me a strong sense
of vocation to become an advocate for Native American rights.
I began my law career at the Native American Rights Fund, a
public interest law firm whose mission is to protect Native
rights, resources, and lifeways. Then as in-house counsel to
the Mashantucket Pequot Tribal Nation in Connecticut, I helped
the tribe establish a judicial and regulatory infrastructure
that continues to support its economic development, primarily
centered around its gaming operations.
As a professor, I taught courses on Federal Indian law and
gaming at the University of South Dakota School of Law. Then-
President Obama appointed me to serve as the Deputy Solicitor
for Indian Affairs at the Department of the Interior, and later
as the Deputy Under Secretary for Rural Development at the
Department of Agriculture where I focused on housing,
broadband, and other community infrastructure investments on
reservation communities.
At the Minneapolis Fed, I led the Center for Indian Country
Development, an economic policy research initiative that
supports the prosperity of Native nations. And in my current
role as commissioner for the Administration for Native
Americans, I have the great privilege of making vital
investments in Native communities to enhance their social and
economic well-being, of Native Americans, Alaskan Natives,
Native Hawaiians, and indigenous people of the Pacific Islands.
Indian gaming provides indispensable financial resources to
catalyze reservation economies and contributes to essential
services for the health and well-being of Native peoples.
Importantly, it also promotes nation building and good
governance.
If confirmed, I would focus my attention on three areas.
First, fulfilling the mission of NIGC in promoting tribal
economic development, and maintaining the critical integrity of
the Indian gaming industry. Second, I would endeavor to
mitigate risks within the influx of new technologies and gaming
formats, including online gaming and artificial intelligence.
Third, I would be committed to good governance practices within
the NIGC and ensure that NIGC has sufficient resources to
fulfill its mission.
It would be an honor to extend my service to Indian Country
as the next chair of the National Indian Gaming Commission and
help lead this agency into the new era of Indian gaming. Thank
you for your time today. I look forward to your questions.
[The prepared statement and biographical information of Ms.
Kunesh follows:]
Prepared Statement of Hon. Patrice H. Kunesh, Nominee to be Chairman of
the National Indian Gaming Commission
Good morning, Chairman Schatz, Vice Chairman Murkowski, and
distinguished Members of the Committee. Thank you for the opportunity
to appear before you today as President Biden's nominee for Chair of
the National Indian Gaming Commission.
I grew up in a small town in central Minnesota. I am the 7th of 13
siblings, the mother of two daughters, and an unci, a grandmother, to
the delightful Lucy Wintermoon. They and their families are my pride
and joy.
Two strong influences have shaped my three-decade career in federal
Indian law and policy. One was my grandfather and the other was my
father.
My grandfather was born in 1902 on the Fort Berthold Reservation in
North Dakota, home of the Three Affiliated Mandan, Hidatsa, and Arikara
Tribes, and spent his early years in Fort Yates on the Standing Rock
Reservation. He was enrolled in the Standing Rock Tribe, as was my
mother. Like most Native families at the time, he was impacted by
painful separations of his siblings sent to Federal Indian boarding
schools.
It wasn't until 1924 that Congress passed the Indian Citizenship
Act to confirm United States citizenship status to Native people,
including their right to vote and own property. By then, having faced
decades of deprivation and near destitution, my great grandmother made
the courageous move to Minnesota in hopes of a better life. My
grandfather eventually found work on the Alaskan Canadian Highway and
sent his wages home to his wife in St. Paul to provide for their
children. He remained very close to his family on Standing Rock and his
mother was buried there.
During the rare quiet times when my grandfather visited us, he
would tell us stories from his summers at Standing Rock, his love for
the prairie and his family, but also of being discouraged for not being
there. It feels remarkable to me that his granddaughter was confirmed
by the Senate in 2023 as Commissioner of the Administration for Native
Americans at the Department of Health and Human Services by a
bipartisan vote of 57-35.
My father's work for local government as county and city attorney
involved cases in the social services and the criminal justice systems.
He was a strong advocate for Native youth and Native men who found
themselves homeless or incarcerated due to the federal Indian
relocation and child removal policies.
Their narratives, my grandfather's devotion to his homelands and my
father's pursuit of justice, as well as my mother's ardent love for
family, instilled in me a strong sense of vocation to become an
advocate for Native American rights.
I studied federal Indian law at the University of Colorado School
of Law and worked at the Native American Rights Fund, a public interest
law firm whose mission is to protect Native rights, resources, and
lifeways. As in-house counsel to the Mashantucket Pequot Tribal Nation
in Connecticut, I helped the Tribe establish a judicial and regulatory
infrastructure that continues to support its economic development,
primarily centered around its gaming operations.
As a professor, I taught courses on federal Indian law and gaming
at the University of South Dakota School of Law. President Obama
appointed me to serve as the Deputy Solicitor for Indian Affairs at the
Department of the Interior, and later as the Deputy Under Secretary for
Rural Development at the Department of Agriculture where I focused on
housing, broadband, and other community infrastructure investments in
reservation communities.
At the Minneapolis Federal Reserve, I led the Center for Indian
Country Development, an economic policy research initiative that
supports the prosperity of Native nations. And in my current role as
Commissioner, I have the great privilege of making vital investments in
Native communities to enhance the social and economic well-being of
Native Americans, Alaskan Natives, Native Hawaiians, and indigenous
people of the Pacific Islands.
Indian gaming provides indispensable financial resources to
catalyze reservation economies and contributes to essential services
for the health and well-being of Native peoples. Importantly, it also
promotes nation building and good governance.
If confirmed, I would focus my attention on three main areas.
First, fulfilling the mission of the NIGC in promoting tribal economic
development, self-sufficiency, and strong tribal governments, as well
as maintaining the critical integrity of the Indian gaming industry.
Second, I would endeavor to mitigate risks within the influx of new
technologies and gaming formats, including on-line gaming and
artificial intelligence. Third, I would be committed to good governance
practices, which include ensuring the NIGC has sufficient resources to
fulfill its mission and that it operates in the most efficient and
cost-effective manner.
It would be an honor to extend my service to Indian Country as the
next Chair of the National Indian Gaming Commission and help lead this
agency into the new era of Indian gaming.
Thank you for your time today. I look forward to your questions.
______
a. biographical information
1. Name: Patrice Helen Kunesh
2. Position to which nominated: Chairman of the National Indian
Gaming Commission
3. Date of nomination: July 23, 2024
4. Address: [Information not released to the public.]
5. Date and place of birth: [Information not released to the
public.]
6. Marital status: Not married
7. Names and ages of children: [Information not released to the
public.]
8. Education:
Cathedral High School, St Cloud, MN, (1974-1978), diploma
conferred May 1978
College of St Catherine (1978-1980), no degree
Colorado State University, Fort Collins, CO (1981-83), Bachelor
of Arts conferred August 1983
University of Colorado School of Law (1986-1989), Juris
Doctorate conferred, May 1989
Harvard University, Kennedy Schoof of Government (2009-2010).
Master in Public Administration conferred, May 2010
9. Employment record:
10. Government experience:
September 2021-March 2023: Member of U.S. Treasury Community
Development Advisory Board, Communily Development Financial
Institutions Fund (representing Native communities)
11. Business relationships:
12. Memberships:
13a. Political affiliations and activities: None.
13b. List all memberships and offices held in and services rendered
to all political parties or election committees during the last 10
years:
Member of the Democratic Party.
Treasurer for Mary Kunesh/or Minnesota State Senate 2020.
13c. Itemize all political contributions to any individual,
campaign organization, political party, political action committee, or
similar entity of $500 or more for the past 1O years.
08/19/2020: Biden for President ($500)
07/24/2020: Biden for President ($500)
07/24/2020: Biden Victory Fund ($500)
09/24/2017: Aaron Scheinberg for Congress ($500)
09/24/2017: Salerno for Congress ($500)
12/02/2015: Hillary for America ($1,000)
14. Honors and awards:
Academic scholarships to the College of St. Catherine, St.
Paul, MN (1978-1980)
U.S. Department of Education, Indian Education Scholarship at
the University of Colorado School of Law (1987-1989)
Skadden Public Interest Fellowship (1989-1991)
Skadden Public Interest Fellowship Foundation-Trustee (1994-
2000)
Bush Foundation Leadership Fellowship (2009-2010)
15. Published writings:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
16. Speeches:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
17. Selection:
(a) Do you know why you were selected for the position to which you
have been nominated by the President?
I believe I have been selected for this position because of my
experience and background in the area of Tribal government gaming and
federal Indian law, as well as my commitment to public service.
(b) What in your background or employment experience do you believe
affirmatively qualifies you for this particular appointment?
As I previously represented to this Committee when I was nominated
for my current position, I am a vigorous advocate for the social and
economic development of Native American communities. Motivated by my
heritage and family's personal experiences, I have dedicated my career
to improving the well-being and economic security of Native
communities.
I have practiced federal Indian law my entire law career, taught
Indian gaming and economic development, worked directly with Tribal
governments, and specifically, I have worked on Tribal gaming issues in
the U.S. Department of the Interior's Office of the Solicitor and as an
in-house attorney for a Tribe with extensive gaming facilities.
I also have experience in executive leadership positions. I
currently serve as the Commissioner and Deputy Assistant Secretary for
Native American Affairs at the U.S. Department of Health and Human
Services. Additionally, I have led several large federal programs in my
previous roles as the Deputy Solicitor for Indian Affairs at the
Department of the Interior, the Deputy Under Secretary for Rural
Development at the Department of Agriculture, and the Director of the
Center for Indian Country Development at the Federal Reserve Bank of
Minneapolis.
b. future employment relationships
1. Will you sever all connections with your present employers,
business firms, business associations, or business organizations if you
are confirmed by the Senate?
Yes. As reflected in my Ethics Agreement, my consulting business
has ceased engaging in any business, including providing consulting
services to clients.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, please explain. No.
3. Do you have any plans, commitments, or agreements after
completing government service to resume employment, affiliation, or
practice with your previous employer, business firm, association, or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.
c. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers.
Any potential conflict of interest will be resolved in accordance
with the terms of my ethics agreement, which is provided. I am not
aware of any potential conflict other than those addressed by my ethics
agreement.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
Any potential conflict of interest will be resolved in accordance
with the terms of my ethics agreement, which is provided. I am not
aware of any potential conflict other than those addressed by my ethics
agreement.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
Any potential conflict of interest will be resolved in accordance
with the terms of my ethics agreement, which is provided I am not aware
of any potential conflict other than those addressed by my ethics
agreement.
4. Describe any activity during the past 10 years in which you have
engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
In my current position, my responsibilities include addressing
fiscal and programmatic matters related to the mission and role of the
Administration for Native Americans at the U.S. Department of Health
and Human Services.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. (Please provide a copy of any trust or other agreements.)
Any potential conflict of interest will be resolved in accordance
with the terms of my ethics agreement, which is provided I am not aware
of any potential conflict other than those addressed by my ethics
agreement.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
d. legal matters
I. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court. administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain. No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than for a minor traffic offense? If so, please explain. No.
3. Have you or any entity, partnership or other association,
whether incorporated or unincorporated, of which you are or were an
officer ever been involved as a party in an administrative agency
proceeding or civil litigation? If so, please explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you
feel should be disclosed in connection with your nomination. None.
e. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Please explain how if confirmed, you will review regulations
issued by your department/agency, and work closely with Congress, to
ensure that such regulations comply with the spirit of the laws passed
by Congress.
I will review regulations issued by the NIGC dispassionately and
will work closely with Congress to ensure such regulations comply with
the laws passed by Congress.
5. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
f. general qualifications and views
1. How does your previous professional experiences and education
qualify you for the position for which you have been nominated?
I possess extensive knowledge and experience with the laws and
regulations concerning Indian gaming, as a law practitioner, a
government attorney, and a legal scholar.
2. Why do you wish to serve in the position for which you have been
nominated?
I wish to serve Indian Country in the best way possible and Indian
gaming is the most robust industry that supports reservation economies
and contributes to the health and/well-being of Native peoples. Thus,
it is paramount that the industry is well-regulated and well-positioned
for the next era of Indian gaming.
3. What goals have you established for your first two years in this
position, if confirmed?
In addition to fulfilling the mission of the NIGC (promoting tribal
economic development, self-sufficiency, and strong tribal governments;
maintaining the integrity of the Indian gaming industry; and ensuring
that Tribes are the primary beneficiaries of their gaming activities),
I would endeavor to mitigate risks within the influx of new
technologies and gaming formats in recent years (on-line gaming and
artificial intelligence) and commit to ensuring good governance
practices (efficient and cost-effective approaches in order to maintain
the NIGC's operations).
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills?
If confirmed as Chairman, I will need to learn the NIGC's internal
administrative systems and operational processes. As I have done with
other leadership roles, I will do so by engaging with staff and asking
questions, and through hands-on experience.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when society's problems
should be left to the private sector, and what standards should be used
to determine when a government program is no longer necessary.
A government's essential responsibilities are to create and enforce
the rules of a society, defense, foreign affairs, the economy, and
public services. Governments generally provide the legal and social
framework, maintain competition, provide public goods and services,
redistribute income, correct for externalities, and stabilize the
economy. The government contributes to the economy by providing
essential services, funding infrastructure projects, and maintaining
social welfare, while the private sector drives economic growth through
investments, job creation, and innovation. The extent to which
government should be involved in the private sector is complex, and
government involvement in business often depends on particular economic
systems and current conditions. In general, governments play important
roles in regulating industries to ensure fair competition, protect
consumers and the environment, and promote economic stability.
Additionally, governments provide critical financial support for
certain industries, such as through subsidies or incentives, to achieve
specific policy goals. The balance of government involvement in the
private sector varies widely depending on the specific circumstances
and priorities of a given state or region.
6. Describe the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated.
The mission of the National Indian Gaming Commission is to promote
tribal economic development, self-sufficiency, and strong tribal
governments, maintain the integrity of the Indian gaming industry; and
ensure that Tribes are the primary beneficiaries of their gaming
activities.
7. What do you believe to be the top three challenges facing the
department/agency and why?
I believe the top three challenges facing the gaming industry
include: (1) Technology, particularly the influence of artificial
intelligence. Technology is constantly changing the rules of the game,
quite literally, and regulations often lag behind and quickly become
outdated (2) Cyber security is a heightened challenge due to the volume
of both revenue and available customer data and the ever-present risk
to maintaining data security. (3) On-line gaming is a strong competitor
to ``brick-and-mortar'' facilities such as casinos because it offers a
convenient and cost-effective alternative to physical destination
locations.
8. In reference to question number six, what factors in your
opinion have kept the department/agency from achieving its missions
over the past several years?
I believe the NIGC has successfully accomplished its mission over
the past several years and has done a good job of navigating the
complexities of the COVID pandemic, which shut down all gaming
facilities across the country.
9. Who are the stakeholders in the work of this department/agency?
The stakeholders are tribal governments who own the gaming
facilities, the employees and patrons of those facilities, the tribal
citizens who receive essential governmental services paid for with
gaming revenue, state governments with whom tribal governments have
compacts, and the general public, who rely on the public safety and
security in their communities.
10. What is the proper relationship between the position to which
you have been nominated, and the stakeholders identified in question
number nine?
As the chief regulator of the gaming industry, the Chair of the
NIGC is responsible to all of these stakeholders in ensuring the
integrity of the games and the optimal regulatory balance.
11. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices.
a) What do you believe are your responsibilities, if confirmed, to
ensure that your department/agency has proper management aud accounting
controls?
It is the NIGC Chairmans responsibility to ensure absolute
compliance with proper management and accounting controls.
b) What experience do you have in managing a large organization?
As the USDA Deputy Under Secretary for Rural Development, I was
responsible for overseeing a $653 million budget, 47 State Directors,
and collectively 4,800 employees. I supervised the CFO, HR., CIO and
Civil Rights (EEO). I currently oversee a federal agency of 60 staff,
both federal and contractors, with extensive financial and
administrative responsibilities.
12. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals.
a) What benefits, if any, do you see in identifying performance
goals and reporting on progress in achieving those goals?
The GPRA was conceived as a tool to strengthen government
performance and it has been increasingly used to improve overall
government performance and make it more accountable to the public.
b) What steps should Congress consider taking when a department/
agency fails to achieve its performance goals? Should these steps
include the elimination, privatization, downsizing, or consolidation of
departments and/or programs?
If an agency fails to achieve its performance goals, Congress can
investigate the underlying reasons (budget, staffing, competency,
economic trends) and address them through continued oversight.
c) What performance goals do you believe should be applicable to
your personal performance, if confirmed?
The Chair of the NIGC is not only the chief regulator and
operations manager, but also must do so while advancing the public
interest. Performance measures would include an assessment of strategic
and operational alignment of the NIGC to its statutory and regulatory
directives, effective management of NIGC's financial and human
resources, and discernable confirmation that the NIGC's priorities,
progress. and outcomes advance the larger public interest.
13. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you?
I generally adhere to a collaborative approach to supervision that
entails the supervisor and employee problem-solving together to come up
with the best approach to work through issues. I also appreciate that
compliance-based supervision is required in positions and industries
that have high levels of accountability (financial, regulation, legal).
One EEO complaint is pending in the Administration for Children and
Families against the office of the Administration for Native Americans
brought by an employee who I do not directly supervise.
14. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please explain.
I believe it is important to have a good and productive working
relationships with Congress and I strive to do so. I have provided
testimony to the Senate and House on separate occasions, and in my
current position as Commissioner of the Administration for Native
Americans at the U.S. Department of Health and Human Services, I
recently testified before this Committee at an oversight hearing on May
22, 2024, titled, ``Examining Public Safety and Justice Resources in
Native Communities.''
15. Please explain what you believe to be the proper relatiousbip
between yourself, if confirmed, and the Inspector General of your
department/agency.
It would be my duty to assist and cooperate with the Inspector
General (IG) personnel in the course of an investigation, audit,
evaluation, or other IG review, as well as to ensure adherence to roles
preventing and detecting fraud, waste, and abuse.
16. In the areas under the department/agency's jurisdiction to
which you have been nominated, what legislative action(s) should
Congress consider as priorities? Please state your personal views.
If confirmed, I would look forward to working with Congress to
ensure that the NIGC has the resources and authorities needed to
address the needs of tribal governments in ensuring the continuity of
their economic enterprises.
17. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending in an open
manner through a set of fair and objective established criteria? If
yes, please explain what steps you intend to take and a timeframe for
their implementation. If no please explain why.
Yes. If there is room for discretionary spending in the NIGC
budget, I will use the opportunity to consult with staff and
stakeholders to discuss administrative and program priorities and
attempt to distribute the funds according to highest and best use,
while ensuring no fraud and abuse occurs in the process.
g. financial data
[Information not released to the public.]
The Chairman. Thank you very much.
I will defer to the Senator from Minnesota, Senator Smith.
Senator Smith. Thank you very much, Senator Schatz. That is
very kind of you. Thank you again, Ms. Kunesh, for being with
us today.
I appreciate your opening statement and also the ways in
which the Chair and Vice Chair highlighted some of the
opportunities as well as some of the risks around Indian
gaming. You have a unique perspective, having been engaged in
this for quite a long time.
Let me just dive in a bit on what you identified as your
sort of second priority, which is to minimize the risks of the
new technology. Could you talk a bit about how you see that
from the perspective of cybersecurity and also artificial
intelligence? With cybersecurity, one of the most pressing
issues in gaming today, tribes are in the difficult position of
trying to react to existing threats and also prepare for new,
emerging threats.
So could you talk a bit about the state of play as you see
it around cybersecurity issues in tribal gaming, and what
actions you would recommend we should be thinking about as we
address this challenge?
Ms. Kunesh. Thank you for that really important question,
Senator. I do see that technology has completely changed the
way that the games are being played, literally, with online
gaming, sports betting, the platforms on which we actually
handle gaming. Handheld digital devices as well as remote
gaming.
With new technologies, there is an urgent need that the
NIGC stay ahead of the technology with its regulations. By
that, I see the need to really look into a strong view of what
risks are occurring around the safety and security of gaming. I
think that is one of the most important responsibilities of the
NIGC.
We know that in just a few decades, online gaming has
surged in both popularity and profitability. Along with online
gaming comes new platforms for financial engagement and
financial transactions. So tribes, tribal gaming operations are
now holding vast amounts of data, personal, sensitive
information on their customers, but also responsible for
ensuring the security of financial transactions.
So if confirmed for this position, I think it would be one
of my top concerns, my top priorities, to do an assessment of
NIGC to evaluate their technology infrastructure, their
technology work and programs, to make sure that a full risk
assessment is done to identify any weaknesses.
We know also with the $41.9 billion, as Senator Murkowski
mentioned, that gaming profitability is increasing. That also
weighs on a significant responsibility to make sure that the
gaming industry, which has now become a financial industry, is
safe and secure. In my experience working at the Federal
Reserve Bank of Minneapolis, cybersecurity was their number one
concern, and investments were ever-increasing, not just in
terms of financial investments, but the infrastructure around
ensuring the systems are safe, secure, and reliable.
And we do know that reputation is everything in this
industry. So any breach would cause tremendous damage. So I
take that very seriously, and it would be a top priority for
me.
Senator Smith. Thank you. Could you also address, when we
met last week, I think it was last week we talked a bit about
the impact, potential impacts, of artificial intelligence in
gaming. Could you address that as well in the little bit of
time that we have left?
Ms. Kunesh. Yes, certainly. Artificial intelligence is
changing everything that we do in terms of our engagement and
the artificial ways that, not that I understand it completely,
but the technology within our AI is really changing the way we
engage in acquiring that knowledge, pulling us further and
further into certain behaviors.
But it is also changing the way that we do business. We can
use it in a smart way, learning to do things more efficiently,
more uniformly, more standardized. We can also use artificial
intelligence to analyze data, and data analytics is an
incredible tool to understanding the risks on the other side of
the gaming industry.
So I think that the regulatory standards around technology
generally, online gaming, AI, really need to be a strong focus
of the NIGC.
Senator Smith. Thank you very much. Thank you, Mr.
Chairman.
The Chairman. Vice Chair Murkowski?
Senator Murkowski. Thank you, Mr. Chairman.
Ms. Kunesh, thank you for responding to that question about
cyber security. I think that overlays over so much of what we
are discussing when we are talking about the threats to gaming.
But I think we recognize that while the primary influence
of NIGC is to ensure the integrity of Indian gaming, it is also
to protect it from criminal influence. As I suggested in my
opening comments, I worry about those who have been targeted
for human and sex trafficking. Unfortunately, tribal and non-
tribal casinos have been known to be targeted for that.
The Not Invisible Commission that Senator Cortez Masto and
I worked on recommended addressing this through awareness and
targeted prevention at casinos. I do understand that NIGC
partners with tribes, BIA and DHS on initiatives like the Blue
Campaign toolbox that educates the tribal casino and hotel
managers on how you spot and then how you report suspected
human trafficking at their establishments.
Can you speak a little bit to this issue, and whether you
think there are other initiatives that NIGC could look to on
this issue of human trafficking and the challenges? Also,
whether there is more that the partner agencies can be doing to
address these issues. Unfortunately, those of us on the
Committee here know that our Native populations are at far too
high a risk when it comes to being potential victims of
trafficking and human abuse.
Ms. Kunesh. Thank you for that question, Senator. I do know
that you have been a real champion in this space as well. It
has made a difference.
In my experience, having worked in this space for quite a
while, human trafficking, missing and murdered indigenous
women, violence against women, are some of the worst scourges
in Indian Country today. Unfortunately, Native women, Native
people tend to be the most vulnerable and susceptible to these
terrible situations.
I take the responsibility to prevent violence against women
and addressing MMIP issues very seriously. In my current role
as ANA Commissioner, I serve on the Not Invisible Act
Commission. I was part of the hearings; I was also part of the
drafting of the report and recommendations.
Very specifically, we targeted my agency, the
Administration for Children and Families, with more than 100
recommendations to focus on these areas to intervene and
prevent, to take action and then to support the survivors and
the victims with appropriate services.
So if I were confirmed for this position, I would like to
build on the work of NIGC to strengthen the focus of their
activities in this area. It is part of the NIGC's overall
public safety responsibility to ensure that the gaming premises
are safe and secure. That means safe and secure from illegal
activity like human trafficking.
I did ask a colleague of mine who oversees the Office of
Trafficking in Persons at ACF about what we know about the
intersection of human trafficking and gaming. There is not much
data on it, unfortunately. I think that is one area that I
would like to focus on, is understanding that data better
between DHS and DOJ, and the work that we do on the ground at
ACF, to really understand what the magnitude or the prevalence
is.
Senator Murkowski. Let me ask you, and I know you have to
get confirmed before you can do any or all of this, but I
appreciate what you have just said there with these data gaps.
That was one of the things that we learned very, very clearly
in the work that we did together on the Not Invisible, so much
of the challenge that we faced is that we didn't know what we
didn't know. When it came to murdered, missing and indigenous,
it was actually the report out of Canada that first
precipitated the investigation by the Seattle Indian Health
Board.
But we have learned a lot since then about these gaps in
data. So if you are confirmed, I would hope that you not only
would commit to trying to understanding a little bit more about
these gaps, but then reporting back to the Committee with us on
that to see if there isn't more that we need to be doing from a
legislative response.
I think this is an issue we need to know more about, to
know the extent of the issue, and if there are different
avenues we can work to address it. So I look forward to that.
Ms. Kunesh. Absolutely, Senator. I would very much
appreciate the opportunity to look at this and to work with you
and report back to the full Committee.
Senator Murkowski. Thank you. Thank you, Mr. Chairman.
The Chairman. Thank you, Vice Chair Murkowski.
A couple of my questions were taken, so I am going to go in
a slightly different direction. Good discussion about
cybersecurity and hardening the defenses of gaming operations,
I get all of that.
I guess I am wondering whether, bluntly, my intuition is
that now that gambling is ubiquitous, that there may be small
casinos that end up having difficulty staying afloat on the
brick and mortar side. I want to talk about the long term
fiscal risks for tribal governments. I get that there has been
a spike, because everyone has been gambling more. But I also
think that that could sort in a way that consolidates to the
big dogs and away from some tribal governments who are doing
apps and all the rest.
So I think they are surviving, and even thriving now. But
to me, the long-term trajectory, to the extent that you have
your destinations like Las Vegas and a few other spots, and my
understanding is a lot of their revenue is now non-gaming
revenue and it is sort of an experience.
But the idea that you would fly into--I am not going to
name the town--but you would fly into a city, you have a
conference, and then you go on Google and find the nearest
casino, which is likely to be on reservation land, I am not
sure that the market is going to stay the same. I am quite
worried about that. I am wondering whether my intuition is
wrong, or whether we know the answer to that.
Ms. Kunesh. Chairman Schatz, I think your intuition is spot
on. I think it is something that we really need to take a look
at, because gaming revenue is so vitally important to tribes
and to tribal economies for those essential services.
My understanding is that the changes in technology are
making gaming, as you said, more ubiquitous. But the
interaction really is a very important component as well, not
only where it is done, but how it is done. I should say how it
is done and where it is done.
My understanding of the range of new gaming formats like
sports betting is also opening up opportunities for smaller
tribes who may be in remote locations to be able to participate
and diversify their gaming operations. Of course, that depends
on the State law in the State in which the tribe is located.
I also see that in gaming, it itself has to diversify in
terms of the human experience, the brick and mortar facilities.
It is a destination, as you mentioned, and customers go there
for relaxation, entertainment and so forth. So as much as it is
becoming popular and profitable from an NIGC perspective, we
want to make sure that across the board, the tribes are well-
regulated in whatever form of gaming they do.
The Chairman. So I know you are the regulator, and not the
promoter. But I am wondering whether you consider it an
appropriate function for the agency that you will lead to kind
of do a market analysis. I am not persuaded--it is not that I
am disagreeing with you, I am just not sure we know.
I think there are certainly States that a competitive
advantage that a tribe may have is as simple as, it is the only
place it is legal, right? And it is legal pretty much
everywhere now, at least using your iPhone.
To me, I am a little more worried than others about what
this is going to mean over the long term. If it is not your
agency, then let's get our heads together and figure out who
can do some analysis and figure out, is there a path forward to
increased profitability and more scale, because the internet is
going to make this available to everybody, and tribes are well-
positioned? That is the optimist scenario.
There is another scenario where, as I said, private equity
says, we are going to consolidate this darned thing, we are
going to have the best app, the cheapest app, the lowest
percentages that we take off the top. And we are just going to
get to scale, and anyone who wants to do sports betting is
going to use the app that is in the app store that is the
easiest and most commonly found, and not go to a tribal app.
So I am worried. I am not sure anyone else is worried. So I
hope I am wrong. I don't mind being wrong on this one. But
let's do some analysis and get some smart people who understand
the industry in the room to figure out whether we are about to
fall off a cliff as it relates to gaming revenue.
Ms. Kunesh. I definitely agree, market analysis is
appropriate and likely necessary to really understand where
this is going in the next few years. One of the things that the
NIGC does do is provide training and technical assistance. So
to the extent this new technology is changing dramatically the
state of gaming, I think there would be some discourse and
dialogue about what the impact means.
The Chairman. Okay. I would encourage anybody who is
watching this, if I have it wrong, just email my staff and I
will be happy to read it.
[Laughter.]
The Chairman. Senator Hoeven?
STATEMENT OF HON. JOHN HOEVEN,
U.S. SENATOR FROM NORTH DAKOTA
Senator Hoeven. Thanks for being here today, thanks for
coming by and visiting with me yesterday. I appreciate it very
much.
As Senator Smith said, it is good to have you coming from
our part of the world. We appreciate that very well, with your
ties to North Dakota, South Dakota and Minnesota.
A couple of questions. What would be your priorities, if
confirmed? What is your one, two, three priorities?
Ms. Kunesh. Number one would be getting in and taking a
look at the staff and the resources the NIGC has. I understand
there are about 130 employees that oversee this almost $42
billion industry, working very closely with over 6,000 tribal
regulators as well. So I really want to get an understanding of
how the organization is situated and resourced.
Number two, I would really want to take a look at the state
of the regulations. We recently had new regulations promulgated
that added online gaming options to the tribal gaming
operations. I would really want to know how those are being
implemented and any impact from those new regulations.
And third, I would really want to take a look at the public
safety areas that we talked about earlier, the work that NIGC
is doing around human trafficking awareness and prevention,
looking at the partners that we have and determining if we can
do more and how do we actually really delve into that area,
leaning hard.
Senator Hoeven. You mentioned 6,000 tribal regulators. What
is your thought in terms of building some kind of connection or
rapport with them?
Ms. Kunesh. Pardon me?
Senator Hoeven. You mentioned 6,000 tribal regulators in
the industry. How do you build some kind of relationship or
rapport there with so many?
Ms. Kunesh. The way I see it, in my experience as being in-
house counsel with the Mashantucket Pequot Tribe, the tribal
regulators are on the ground, at the forefront. They are the
primary regulators of their gaming operations. They are
essential to ensuring the integrity of the operation and
ensuring that the tribe are the primary beneficiaries of the
gaming revenue.
So the NIGC is a Federal regulator with the oversight audit
investigation authority. I do see it as a partner. We need to
make sure that with the 527 gaming operations that again, we
have sufficient resources and are properly enforcing the gaming
ordinances. But I do see it as a partnership and a necessary
alliance to make sure that what is happening on the ground
comports with the regulations.
Senator Hoeven. I think the artificial intelligence issue
was brought up by some of the Committee members earlier, and
you referenced it as well. NIGC has a policy regarding AI.
Have you had a chance to look at that? How would you
approach that AI issue, both in terms of what they have done,
and if you haven't had a chance to look at that yet, it might
be hard to differentiate. But that is a big issue, it is a
tough issue. It is complicated. How are you going to approach
it?
Ms. Kunesh. Thank you for that question. I am not at the
NIGC, so I am not aware of how they are approaching AI. But
from my experience, again, going back to the Minneapolis
Federal Reserve and the work that we are doing in the Federal
Government, where AI is coming into every facet, every
component, every function of what we do, we need to know what
it is, how it works, and to make sure there are human
safeguards around whatever product comes of it.
It can do really well in a lot of ways. But the margin of
error, because it is artificial, I think is pretty great. How
we use it and apply it, I think we need to know that there are
safeguards in place.
Senator Hoeven. If somebody asked you, are you in favor of
expanding Indian gaming or not expanding it, I understand your
role is as regulator, but how do you answer that? How do you
address that? It is a very dynamic environment, right?
Ms. Kunesh. It is a very dynamic environment.
Senator Hoeven. That is the challenge right now, figuring
that out.
Ms. Kunesh. Thank you for that, Senator. It is a very
dynamic environment, and I go back and think about the Indian
Gaming Regulatory Act, which provided, I thought, a very, very
good framework and blueprint for addressing any sort of
functions of gaming. Surprisingly well, it has folded in online
gaming, digital gaming, and sports betting.
So I haven't done any sort of full assessment of the Act.
But what I have seen, what I have a sense of is that it is
working well.
What I would be committed to, Senator, is understanding,
again, the dynamics and the pressures and tensions on the law,
and working with you and this Committee to see if there need to
be any legislative changes going forward.
Senator Hoeven. Thank you.
The Chairman. Before I turn to the senior Senator from
Nevada, I just wanted to compliment her and Senator Rosen on
their work on both the Tribal Law Enforcement Act and this
Bureau of Justice issue that we are having, not just in Nevada,
but a couple of other States. We are not done yet, but we are
making good progress, and I really appreciate your leadership.
Senator Cortez Masto.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you. Thank you to the Chair as
well for the help you have provided us in addressing this issue
in Nevada.
It is great to see you. Thanks for visiting with me.
Congratulations on your nomination.
Ms. Kunesh. Thank you.
Senator Cortez Masto. There is no doubt: I think you are
well qualified, based on your background and the conversations
we have, particularly around Nevada. So as somebody who was
born and raised and actually worked with the attorney who
represented our gaming control board and gaming commission, I
have an appreciation for the work you are going to be doing. So
I thank you for taking this on.
My first question, though, goes back to what Senator Hoeven
talked about. In Nevada, having a gaming license is a
privilege. With that privilege comes background investigation
and auditing. We have a gaming control board and a gaming
commission. The commission does the licensing, the control
board does the auditing.
You are doing both. And you have a small staff. In Nevada,
our auditors, there are probably about, right now in the gaming
control board, last time I looked, 98 in total, and there are
144 casinos.
What you just talked about, and correct me if I am wrong,
you have a total of 121 full-time employees and you are
covering over 500 tribally owned casinos. That is a big task,
not just the licensing piece of it and the background checks,
but the auditing, which is what we want to maintain the
integrity of the Indian gaming industry.
I would hope as you get there that you will come back and
talk to us if you need more resources. This is key as we are
moving into the conversation that we just talked about around
sports betting, online betting, sports wagering. These are new
areas, even for Nevada as we go into some of the online gaming,
things that we are learning and our commissions are actively
engaged in.
As you continue to move through this process, please come
back to us and talk to us about the needs that you have, okay?
Ms. Kunesh. Absolutely. And thank you for raising that,
Senator Cortez Masto. I do believe the resources at NIGC are
absolutely critical, again, to ensuring the integrity,
safeguarding the public safety and so forth. It is my
commitment, one of my top priorities, to really assess the need
for additional staffing.
One of the brilliant things that the NIGC can do is raise
fees on a scale of more profitability, a little more funds for
the NIGC, to pay for increased needs of the gaming commission.
With increased responsibilities and the dynamic gaming
environment, that may be needed. But I will definitely come
back and share with you my findings and work with you in case
there are any changes needed.
Senator Cortez Masto. Thank you.
And if you would talk about, we see the benefits,
obviously, you and I have talked about the benefits to our
tribal communities across the Country, about having the
opportunity to operate casinos and the revenue it brings into
those communities and the benefit it provides. Part of your
mandate on the gaming commission really is to also help drive
that economic development, find that balance, correct?
Can you talk about why this is so important?
Ms. Kunesh. It is definitely important, and one, tribes are
the primary beneficiaries of the gaming revenue. But also that
tribes are also able to use those funds to support essential
governmental services. In my experience, again, going back to
working with the Pequot Tribe and other tribes, these funds
help support early childhood development programs, elder care
services, educational scholarships. They support the
infrastructure of the tribe itself to give it the backbone to
be able to function as a tribe, to exercise its tribal
sovereignty.
One of the most, I think, important demonstrations of
tribal sovereignty are the tribal courts. With the increase in
gaming and the growth of gaming, for example, at the Pequot
Tribe, we saw a really fundamental infrastructure develop
around its judicial system. That supported not only the
customers and patrons and employees of the gaming enterprise,
it provided a judicial system for the tribal members
themselves.
Senator Cortez Masto. Yes. It has made such a difference, I
have seen, across the Country.
I am going to end with this. I agree with Senator
Murkowski, the more information and data and education we can
bring to our casinos and these types of establishments around
human trafficking and the prevention of human trafficking and
helping victims of human trafficking, I am all for it. I know
you were on the commission, and I thank you for your work
there.
That is why I am pleased that you are going to carry that
with you into this new position as well. It is key for us to
really gather the data to have an understanding of the
education piece of that. Everybody has a role to play,
including our operators.
So if there is an opportunity to continue that work where
you are in this new position, we look forward to working with
you.
Ms. Kunesh. Thank you. I definitely support that, also I
thank the Senate Committee for its work on law enforcement and
public safety as well. Jurisdiction in Indian Country is very
complex, and we do need more tribal law enforcement, and we do
need coordination with DOJ and DHS when needed, and local law
enforcement as well.
So it is an all-of-government approach to ensure that
reservations and Native people and the patrons of these
facilities are safe and secure and protected as well.
Senator Cortez Masto. Thank you.
The Chairman. Thank you. If there are no more questions
from our members for the nominee, members may also submit
follow-up written questions for the record. If we can do that
promptly, that would be excellent.
I would ask the nominee to respond fully and promptly to
any follow-up questions, especially if you want to be confirmed
quickly. And also to meet with any remaining Committee members
who may wish to meet with you.
The hearing record will be open for one week. We want to
thank you for your time and you testimony today. This hearing
is adjourned.
[Whereupon, at 11:02 a.m., the hearing was adjourned.]
A P P E N D I X
NAFOA, Native American Finance Officers Association
August 06, 2024
Hon. Brian Schatz, Chairman;
Hon. Lisa Murkowski Vice Chair,
Senate Indian Affairs Committee,
Hart Senate Office Building,
Washington, DC.
Dear Chairman Schatz and Vice Chair Murkowski,
On behalf of the NAFOA, founded as the Native American Finance
Officers Association, I am writing to express our strong support for
Patrice H. Kunesh's nomination as Chair of the National Indian Gaming
Commission (NIGC).
Ms. Kunesh, a descendant of the Standing Rock Sioux Tribe, has
demonstrated exceptional leadership and unwavering dedication to tribal
communities throughout her distinguished career. Her current role as
Commissioner of the Administration for Native Americans (ANA) and her
previous roles--notably, as Deputy Solicitor at the U.S. Department of
the Interior and founding Director of the Center for Indian Country
Development at the Federal Reserve Bank of Minneapolis--underscore her
profound expertise and commitment to tribal issues.
Ms. Kunesh's extensive experience and leadership make her an ideal
candidate to lead the NIGC. Her track record of enhancing tribal
governance, advancing economic development, and providing increased
support for Native programs speaks to her ability to effectively
oversee and guide the Commission's work over the next three years.
We urge you and your fellow Committee members to swiftly confirm
Ms. Kunesh's nomination. Her unparalleled qualifications and steadfast
commitment to our communities make her exceptionally well-suited for
this critical role.
Thank you for your prompt attention to this important matter.
Sincerely,
Hon. Rodney Butler, Chairman, Mashantucket Pequot Tribal
Nation; NAFOA Board President
______
Mille Lacs Band of Ojibwe Indians
August 08, 2024
Hon. Brian Schatz, Chairman;
Hon. Lisa Murkowski Vice Chair,
Senate Indian Affairs Committee,
Hart Senate Office Building,
Washington, DC.
Dear Chairman Schatz and Vice Chair Murkowski,
On behalf of the Mille Lacs Band of Ojibwe. I am writing to express
our unequivocal and strong support for Patrice H. Kunesh's nomination
as Chair of the National Indian Gaming Commission (NIGC). The Band
celebrates this nomination as another indication of this
Administration's commitment to better delivering upon trust and treaty
obligations, and enhancing our diplomatic, Nation-to-Nation
relationship.
A descendant of the Standing Rock Sioux Tribe, Ms. Kunesh has
dedicated her career to the development of Tribal economies and the
advancement of our inherent sovereignty. Previously, Ms. Kunesh
established and led the Center for Indian Country Development at the
Federal Reserve Bank of Minneapolis, an economic policy research center
dedicated to Indian Country issues. She has also held appointments as
the Deputy Under Secretary for Rural Development at the U.S. Department
of Agriculture and as the Deputy Solicitor for Indian Affairs at the
Department of the Interior. In addition, she has served as in-house
counsel to the Mashantucket Pequot Tribal Nation, and on the faculty at
the University of South Dakota School of Law.
As her distinguished career demonstrates, Ms. Kunesh is a well-
known advocate for the rebuilding of Tribal Nations and our economies.
Her depth of experience and commitment to leadership in addressing
Tribal concerns and issues makes Ms. Kunesh exceptionally prepared to
serve as the next Chair of the NIGC.
We call upon the United States Senate to act swiftly on Ms.
Kunesh's confirmation in accordance with its responsibility to honor
its trust and treaty obligations to Tribal Nations. Therefore, we
respectfully urge you to work with your colleagues in the United States
Senate to swiftly confirm Ms. Kunesh's nomination as Chair of NIGC.
Thank you for your consideration and attention to this important
matter.
Sincerely,
Hon. Virgil Wind, Chief Executive, Mille Lacs Band of
Ojibwe
______
Rincon Band of Luiseno Indians
August 09, 2024
Hon. Brian Schatz, Chairman;
Hon. Lisa Murkowski Vice Chair,
Senate Indian Affairs Committee,
Hart Senate Office Building,
Washington, DC.
Dear Chairman Schatz and Vice Chair Murkowski,
On behalf of the Rincon Band of Luiseno Indians (Rincon Band), I am
writing to express our strong support for Patrice H. Kunesh's
nomination as Chair of the National Indian Gaming Commission (NIGC).
The NIGC plays a critical role regulating and supporting Indian
gaming as a means of generating revenue for tribal communities. We
believe that Ms. Kunesh would provide effective and principled
leadership of the Commission.
Ms. Kunesh, a descendant of the Standing Rock Sioux Tribe, has
demonstrated exceptional and unwavering dedication to tribal
communities throughout her distinguished career. Her current role as
Commissioner of the Administration for Native Americans and her
previous roles--notably, as Deputy Solicitor at the U.S. Department of
the Interior and founding Director of the Center for Indian Country
Development at the Federal Reserve Bank of Minneapolis--underscore her
profound expertise and commitment to Indian Country.
Ms. Kunesh's extensive experience and leadership make her an ideal
candidate to lead the NIGC. Of note, she has significant experience
with and understands the important of economic development in Indian
Country. For most tribes, including the Rincon Band, Indian gaming has
been an essential tool for economic development to sustain our
communities, now and far into the future. The Rincon Band is keenly
aware of the need for strong leadership at the NIGC. Our Tribe operates
Harrah's Resort Southern California, which is the main source of
government revenue for our Tribe. While our gaming operation has been
very successful, achieving this success has not been easy and we have
had to rely on our federal partners, including the NIGC for effective
regulatory support and oversight.
When the State of California was unwilling to engage in good faith
compact negotiations with our Tribe, we were forced to seek Class III
procedures from the Interior Department. More recently, the State was
unwilling to cooperate in providing regulatory oversight under those
procedures, so we negotiated a first-of-its-kind regulatory agreement
with the NIGC in 2023. Under that agreement, all regulatory oversight
for the Tribe's Class III gaming is provided by the NIGC instead of the
State. This sort of arrangement would not be possible without strong
leadership at the NIGC. Our Tribe firmly believes that Ms. Kunesh has
the experience, judgment and temperament to continue to make the
regulatory relationship with our Tribe a success.
We urge you and your fellow members of the Senate to swiftly
confirm Ms. Kunesh's nomination. Her unparalleled qualifications and
steadfast commitment to our communities make her exceptionally well-
suited for this critical role.
Thank you for your prompt attention to this important matter.
Sincerely yours,
Hon. Bo Mazzetti, Tribal Chairman
______
Tolowa Dee-ni' Nation
August 09, 2024
Hon. Brian Schatz, Chairman;
Senate Indian Affairs Committee,
Hart Senate Office Building,
Washington, DC.
Re: Support for Swift Confirmation of Patrice Kunesh as
NIGC Chairwoman
Dv-laa-ha--Chairman Schatz,
On behalf of the Tolowa Dee-ni' Nation, I am writing to strongly
endorse Patrice Kunesh for the position of Chairwoman of the National
Indian Gaming Commission (NIGC). Ms. Kunesh is an exceptionally
qualified nominee, whose deep understanding of tribal sovereignty and
extensive experience make her an outstanding candidate for this
critical role.
The relationship between Tribal Governments and the federal
government is both unique and significant, grounded in treaties and
legal commitments that must be honored. The NIGC plays an essential
role in ensuring that tribal gaming is conducted with integrity and
compliance with federal laws, while also promoting economic development
and self-reliance within tribal communities. Effective leadership at
the NIGC is crucial to protecting and advancing the interests of Tribal
Governments and their citizens.
Ms. Kunesh has dedicated her distinguished career to advocating for
Native American rights and interests. Her legal expertise and
unwavering commitment to tribal sovereignty and community well-being
are evident in her work. In her current role as Commissioner for the
Administration for Native Americans within the U.S. Department of
Health and Human Services, where she also serves as Deputy Assistant
Secretary for Native Affairs and Chair of the HHS Intradepartmental
Council on Native American Affairs, Ms Kunesh has acquired invaluable
experience that will serve her well as Chairwoman of the NIGC.
Ms. Kunesh' appointment would bring a wealth of expertise and deep
commitment to advancing the principles of tribal sovereignty and self-
governance. Under her leadership the NIGC will continue to be a strong
and effective partner to Tribal Governmentst, strengthening government-
to-government relationships between the United States and Tribal
Nations. Moreover, her prompt confirmation is vital for the stability
and growth of the tribal gaming sector, which is instrumental in
supporting the economic and social well-being of Tribal Nations
nationwide. Any delay in her confirmation could hinder the Commission's
ability to operate at its full potential, affecting the regulation and
oversight essential to safeguarding tribal interests.
The Tolowa Dee-ni' Nation urges the Senate to move swiftly with the
confirmation of Patrice Kunesh as Chairwoman of the NIGC. Her
leadership is essential to the continued success and effectiveness of
the NIGC, and we respectfully request your support for her
confirmation.
Shu' shaa nin-la, for your consideration.
Sincerely,
Hon. Jeri Lynn Thompson, Chairperson
______
Match-E-B-Nash-She-Wish Band of Pottawatomi Indians
August 14, 2024
Hon. Brian Schatz, Chairman;
Senate Indian Affairs Committee,
Hart Senate Office Building,
Washington, DC.
Re: Senate Confirmation of NIGC Chairwoman Nominee Patrice
Kunesh
Dear Chairman Schatz,
On behalf of the Match-E-B-Nash-She-Wish Band of Pottawatomi
Indians, I am writing to express our strong endorsement of Patrice
Kunesh for the role of Chairwoman of the National Indian Gaming
Commission (NIGC) and support for her swift confirmation by the Senate.
Ms. Kunesh is a highly qualified nominee, whose profound understanding
of tribal sovereignty, coupled with her extensive experience, makes her
an outstanding candidate for this crucial position.
Ms. Kunesh has dedicated her career to serving Indian Country, with
a proven record of accomplishment of advocating for the rights and
interests of tribes. Her legal expertise and deep understanding of the
unique challenges facing tribal governments make her an excellent
choice to lead the NIGC. Her previous roles, including her time as
Deputy Under Secretary for Rural Devolopment at the U.S. Department of
Agriculture and Assistant General Counsel at the Department of the
Interior, highlight her commitment to public service and her respect
for tribal sovereignty.
The NIGC plays a critical role in ensuring that Indian gaming
operations are conducted fairly, securely, and with integrity. Given
the significant challenges currently facing Indian Country,
particularly in protecting and expanding the economic benefits of
gaming, the confirmation of Ms. Kunesh as NIGC Chairperson is more
important than ever. Her extensive experience working directly with
tribes, coupled with her leadership within the federal government,
uniquely positions her to balance necessary federal oversight with
respect for tribal self-determination.
Ms, Kunesh's appointment will bring invaluable expertise and a deep
commitment to upholding and advancing the principles of tribal
sovereignty and self-governance. Her leadership at the NIGC would not
only ensure the Commission's continued effectiveness but also
strengthen the government-to-government relationships between the
United States and Tribal Nations, Moreover, her timely confirmation is
crucial for the ongoing stability and growth of the tribal gaming
sector, which is instrumental in supporting the economic and social
fabric of Tribal Nations across the country. Any delay in her
confirmation could hinder the Commission's ability to operate at its
full potential, thereby impacting the regulation and oversight
necessary to safeguard tribal interests.
We strongly urge the Senate to proceed swiftly with the
confirmation of Patrice Kunesh as Chairwoman of the NIGC. Her
leadership is crucial for the NIGC and will undoubtedly be of great
benefit to all of Indian Country.
We appreciate your consideration and respectfully request you and
the Senate Committee on Indian Affairs support for her confirmation.
Sincerely,
Hon. Leonard ``Bob'' Peters, Tribal Chairman
______
Shakopee Mdewakanton Sioux Community
August 19, 2024
Hon. Brian Schatz, Chairman;
Hon. Lisa Murkowski Vice Chair,
Senate Indian Affairs Committee,
Hart Senate Office Building,
Washington, DC.
Re: Letter of Support for Patrice Kunesh's Nomination as
Chair of NIGC
Dear Chairman Schatz and Vice Chair Murkowski,
On behalf of the Shakopee Mdewakanton Sioux Community (SMSC), we
are writing to express support for Patrice H. Kunesh's nomination for
Chair of the National Indian Gaming Commission (NIGC).
The SMSC is a federally recognized sovereign Native American tribe
located in Minnesota. Tribal gaming remains critical among enterprises
supporting our Community and other tribes bounded by the state of
Minnesota. The economic opportunity it provides us is essential to
protecting our interests. As such, the U.S. Senate's decision on NIGC
leadership is of great importance to our people.
The SMSC fully endorses President Biden's nomination of Patrice H.
Kunesh and respectfully supports her confirmation in the Senate.
Throughout her career, Ms. Kunesh has maintained an outstanding
commitment to protecting tribal sovereignty, including her
establishment of the Center for Indian Country Development at the
Federal Reserve. Her support for tribal issues and advocacy for
economic development in Indian Country make her well suited for this
role.
Thank you for your consideration of Ms. Kunesh for NIGC Chair. On
behalf of the SMSC, I respectfully encourage her swift confirmation to
support the continued success of our strong relationship with the NIGC.
Sincerely,
Hon. Cole W. Miller, Tribal Chairman
Hon. Natasha Hacker, Vice-Chairwoman
Ashley Comforth, Secretary Treasurer
______
Calista Corporation
September 4, 2024
Hon. Brian Schatz, Chairman;
Hon. Lisa Murkowski Vice Chair,
Senate Indian Affairs Committee,
Hart Senate Office Building,
Washington, DC.
Dear Chairman Schatz and Vice Chair Murkowski,
On behalf of Calista Corporation, I am writing to express our
strong support for Patrice H. Kunesh's nomination as Chair of the
National Indian Gaming Commission (NIGC).
Ms. Kunesh, a descendant of the Standing Rock Sioux Tribe, has
demonstrated exceptional leadership and unwavering dedication to tribal
communities throughout her distinguished career. Her current role as
Commissioner of the Administration for Native Americans (ANA) and her
previous roles--notably, as Deputy Solicitor at the U.S. Department of
the Interior and founding Director of the Center for Indian Country
Development at the Federal Reserve Bank of Minneapolis--underscore her
profound expertise and commitment to tribal issues.
Ms. Kunesh's extensive experience and leadership make her an ideal
candidate to lead the NIGC. Her track record of enhancing tribal
governance, advancing economic development, and providing increased
support for Native programs speaks to her ability to effectively
oversee and guide the Commission's work over the next three years.
We urge you and your fellow members of the Senate to swiftly
confirm Ms. Kunesh's nomination. Her unparalleled qualifications and
steadfast commitment to our communities make her exceptionally well-
suited for this critical role.
Thank you for your prompt attention to this important matter.
Sincerely,
Andrew Guy, President/CEO
______
Central Council of the Tlingit & Haida Indian Tribes of
Alaska
September 16, 2024
Hon. Brian Schatz, Chairman;
Hon. Lisa Murkowski Vice Chair,
Senate Indian Affairs Committee,
Hart Senate Office Building,
Washington, DC.
Dear Chairman Schatz and Vice Chair Murkowski,
On behalf of the Central Council of Tlingit & Haida Indian Tribes
of Alaska, I am writing to express our strong support for Patrice H.
Kunesh's nomination as Chair of the National Indian Gaming Commission
(NIGC). Tlingit & Haida celebrates this nomination as another
indication of this Administration's commitment to better delivering
upon trust and treaty obligations, and enhancing our diplomatic,
Nation-to- Nation relationship.
A descendant of the Standing Rock Sioux Tribe, Ms. Kunesh has
dedicated her career to the development of Tribal economies and the
advancement of our inherent sovereignty. Previously, Ms. Kunesh
established and led the Center for Indian Country Development at the
Federal Reserve Bank of Minneapolis, an economic policy research center
dedicated to Indian Country issues. She has also held appointments as
the Deputy Under Secretary for Rural Development at the U.S. Department
of Agriculture and as the Deputy Solicitor for Indian Affairs at the
Department of the Interior. In addition, she has served as in-house
counsel to the Mashantucket Pequot Tribal Nation, and on the faculty at
the University of South Dakota School of Law.
As her distinguished career demonstrates, Ms. Kunesh is a well-
known advocate for the rebuilding of Tribal Nations and our economies.
Her depth of experience and commitment to leadership in addressing
Tribal concerns and issues makes Ms. Kunesh exceptionally prepared to
serve as the next Chair of the NIGC.
We call upon the United States Senate to act swiftly on Ms.
Kunesh's confirmation in accordance with its responsibility to honor
its trust and treaty obligations to Tribal Nations. Therefore, we
respectfully urge you to work with your colleagues in the United States
Senate to swiftly confirm Ms. Kunesh's nomination as Chair of NIGC.
Gunalcheesh, Haw'aa thank you again for your consideration.
Sincerely,
Hon. Richard J. Peterson, President
______
National Congress of American Indians (NCAI)
August 7, 2024
NCAI Supports President Biden's Nomination of Patrice
Kunesh as Chair of the National Indian Gaming Commission
______
Coalition of Large Tribes
August 30, 2024
Dear Chairman Schatz and Vice Chair Murkowski,
On behalf of the Coalition of Large Tribes, an intertribal
organization representing the interests of the more than 50 tribes with
reservations of 100,000 acres or more, encompassing more than 95
percent of the Indian Country lands and more than half the Native
American population, I am writing to express our strong support for
Patrice H. Kunesh's nomination as Chair of the National Indian Gaming
Commission (NIGC).
Ms. Kunesh, a descendant of the Standing Rock Sioux Tribe, has
demonstrated exceptional leadership and unwavering dedication to tribal
communities throughout her distinguished career. Her current role as
Commissioner of the Administration for Native Americans (ANA) and her
previous roles-notably, as Deputy Solicitor at the U.S. Department of
the Interior and founding Director of the Center for Indian Country
Development at the Federal Reserve Bank of Minneapolis-underscore her
profound expertise and commitment to tribal issues.
Ms. Kunesh's extensive experience and leadership make her an ideal
candidate to lead the NIGC. Her track record of enhancing tribal
governance, advancing economic development, and providing increased
support for Native programs speaks to her ability to effectively
oversee and guide the Commission's work over the next three years. In
addition, she is a devoted public servant having committed herself to
work for American Indians, Alaska Natives and Native Hawaiians
throughout her career.
We urge you and your fellow members of the Senate to swiftly
confirm Ms. Kunesh's nomination. Her unparalleled qualifications and
steadfast commitment to our communities make her exceptionally well-
suited for this critical role.
Thank you for your prompt attention to this important matter.
Sincerely,
Hon. Marvin Weatherwax, Chairman
______
Minnesota Indian Affairs Council
August 14, 2024
Honorable Senators,
The Minnesota Indian Affairs Council is writing in support of the
nomination of Patrice Kunesh for Commissioner of the National Indian
Gaming Commission (NIGC). It is vital that the next NIGC Commissioner
have both the educational background and the relationship skills
necessary to work with Tribal Nations. Ms. Kunesh, as a skilled
attorney, possess' the legal knowledge to guide and lead the complex
nature of Native American Gaming. Ms. Kunesh understands how to balance
industry with regulation and Native American vitality with federal
oversite. A skill rarely found outside oflndian country. As Native
American woman, Ms. Kunesh understands that successful Native American
gaming industries are unlike non-Native American enterprises, in that,
relationships and trust are core principles that must upheld in all
spaces.
Ms. Kunesh understands the impact of these industtjes on both
Native American and Non-Native American communities. For Native
American communities--the gaming enterprises play a critical role in
preserving sovereignty, Tribal Nation revitalization, self-
determination, and economic sustainability. For non-Native American
communities--the revenue generated from these enterprises have
contributed to many vital services across the nation including
education, philanthropy, research, local economies, healthcare, and
employment.
It is of great importance that this good work can continue and
thrive under the next NIGC commissioner, and we, the Minnesota Indian
Affairs Council recommend that the Nomination of Patrice Kunesh be
confirmed.
Pidamaya, Thank you,
President Robert L. Larsen, Lower Sioux Indian Community;
Board Chairman
Shannon Geshick, Executive Director
______
Red Lake Band of Chippewa Indians
December 2, 2024
Dear Majority Leader Schumer and Minority Leader McConnell:
On behalf of the Red Lake Band of Chippewa Indians (Red Lake
Nation), I am writing to express our strong support for Patrice H.
Kunesh's nomination as Chair of the National Indian Gaming Commission
(NIGC) and urge you as Majority and Minority Leaders of the U.S. Senate
to bring her nomination to the Senate floor as soon as possible.
As a descendant of the Standing Rock-Sioux Tribe, Ms. Kunesh has
demonstrated exceptional leadership and unwavering dedication to tribal
communities throughout her distinguished career. Her current role as
Commissioner of the Administration for Native Americans (ANA) and her
previous roles underscores her profound expertise and commitment to
tribal issues. Of note, Ms. Kunesh began her legal career at the Native
American Rights Fund and served as in-house Counsel for the
Mashantucket Pequot Tribal Nation. Ms. Kunesh has also served on the
faculty at the University of South Dakota School of Law and held
appointments as the Deputy Under Secretary for Rural Development at the
U.S. Department of Agriculture, Deputy Solicitor for Indian Affairs at
the Department of the Interior, and as a member of the Treasury
Community Development Advisory Board (CDFI Fund). She also established
the Center for Indian Country Development--an economic policy research
initiative at the Federal Reserve Bank of Minneapolis rights here in
our home state--and founded Pehirj Haha Consulting, a social enterprise
committed to fostering culturally-centered Native economic development.
Ms. Kunesh's extensive experience and leadership make her an ideal
candidate to lead the NIGC. We urge you and your fellow members of the
Senate to swiftly confirm Ms. Kunesh's nomination in accordance with
your trust responsibility to Tribal governments. Her unparalleled
qualifications and steadfast commitment to our communities make her
exceptionally well-suited for this critical role and we look forward to
working with her in this position.
Sincerely,
Hon. Darrell G. Seki, Sr., Tribal Chairman
"_____
Response to Written Questions Submitted by Hon. John Hoeven to
Hon. Patrice H. Kunesh
Question 1. Four years after leaving your position as counsel for
the Mashantucket Pequot Tribe of Connecticut, the Tribe's Foxwood's
Casino was forced to restructure its debt because of dropping revenues
and overextending itself on facility expansion. During your time
advising the tribe, how did you protect against the losses that
eventually led the tribe to terminate per capita payments to tribal
members and the eventual establishment of federal social service
programs within a tribal community that at one time was one of the
wealthiest tribes in the country?
Answer. During the period following my departure from the
Mashantucket Pequot Tribal Nation, the United States suffered a severe
economic downturn. Lasting from December 2007 to June 2009, this
economic contraction was the longest since World War II, ultimately
becoming deep enough and protracted enough to acquire the label ``the
Great Recession.'' Most tribal governments with gaming enterprises were
impacted significantly during the Great Recession.
The Mashantucket Pequot Tribal Nation has continually pursued
opportunities to diversify its economic development, including
encouraging private opportunities among its citizens. Economic
diversification has many benefits, including resilience, growth, and
poverty reduction. This is directly related to tribal economies, which
often rely on gaming revenue for essential government services. A
diversified economy is better able to withstand external shocks and
economic downturns. By avoiding reliance on a single industry sector,
diversification can lead to faster economic growth, job creation, and
higher incomes, which can help reduce poverty and inequality.
Question 2. During your nomination hearing, you identified
cybersecurity as a top priority and testified that you would ``do an
assessment of NIGC to evaluate their technology infrastructure. . .to
make sure a full risk assessment is done to identify any weaknesses.''
The NIGC currently offers IT vulnerability assessments to any tribes
that request assistance. How would your cybersecurity priorities differ
from the policies the Commission is currently implementing?
Answer. New technologies have transformed the gaming industry, and
as I stated at my hearing, if confirmed as Chair of the NIGC,
mitigating the risks resulting from this influx of new technologies
will be one of my top priorities. Cybersecurity is critical as tribal
gaming operations must now protect a high volume of financial and
customer data due to the increased popularity and profitability of
online gaming. Plus, as technology is ever evolving, so too is the
gaming industry, presenting another challenge to cybersecurity.
IGRA directs the NIGC to participate in training and technical
assistance, and I believe that training is important to mitigate
cybersecurity risks. While I am not at the NIGC and do not know the
specifics of the IT vulnerability assessments that the NIGC offers to
Tribes, if confirmed as NIGC Chair, I commit to learning more about the
status of these assessments and build on the work that the NIGC has
already done in this space to ensure that NIGC provides Tribes with up-
to-date specialized training to keep pace with the ever-evolving gaming
industry.
Question 3. During your nomination hearing you discussed the idea
of raising fees on tribal gaming operations. Can you please explain
further the justification or reasoning for the increase, how they would
be applied, and will you commit to consulting with tribes before
raising fees?
Answer. I believe that securing adequate resources for the NIGC's
oversight responsibilities are absolutely critical to ensuring the
integrity of Indian gaming, including public health and safety. If
confirmed, one of my top priorities will be to assess the need for
additional staffing, and if additional resources are warranted, I
commit to working with you and members of this Committee to address
those needs. I further commit to ensuring regular and meaningful
consultation with Tribes in carrying out the responsibilities of the
Commission.
Question 4. I am a co-sponsor of S. 1328--the Tribal Labor
Sovereignty Act. This legislation is endorsed by both the National
Congress of American Indians and the Indian Gaming Association. TLSA is
a simple amendment to the National Labor Relations Act that supports
tribal sovereignty by exempting tribal governments, much the same as
state and local governments, from being subject to the NLRA. Would you
support efforts, like the TLSA, which supports prioritizing tribal laws
and regulations over the overburdensome and one size fits all federal
approach that the NLRA currently exercises over tribes?
Answer. Promoting tribal sovereignty and economic development is
important to me. If I am honored to be confirmed, I will listen to all
stakeholders to understand the impacts of legislative efforts such as
this, and I look forward to working with you to better understand the
details and implications of your legislation. Further, if confirmed, I
commit to working with this Committee in a collaborative and
transparent way to achieve our mutual goals.
Question 5. With your background focused on expanding economic
opportunities in Indian Country and connecting tribes to resources, how
do you plan to take on a regulatory role that is tasked with ensuring
tribal gaming adheres to the regulatory framework articulated by
Congress in the Indian Gaming Regulatory Act?
Answer. Indian gaming is a robust industry that supports
reservation economies and contributes to the health and well-being of
Native peoples. To maintain this success, I believe it is paramount
that the industry is well-regulated and well-positioned for the next
era of Indian gaming. Through my previous positions as a law
practitioner, a government attorney, and a legal scholar, I have gained
extensive knowledge and experience with the laws and regulations
concerning Indian gaming, which will serve me well if I am confirmed.
Question 6. You stated during your hearing that your number one
priority, if confirmed, would be to first gain an understanding of the
role and the inner workings of the current staff. How do you plan to
transition into this role without prior experience in the gaming
industry?
Answer. Through my previous positions as a law practitioner, a
government attorney, and a legal scholar, I have extensive knowledge
and experience with the laws and regulations concerning Indian gaming.
Whenever I take on a new role, of which I have had many throughout my
career, one of the first things that I do is talk to the team. If
confirmed, I will do just that, and will work closely with NIGC staff
to get up to speed on the inner workings of the NIGC.
______
Response to Written Questions Submitted by Hon. Ben Ray Lujan to
Hon. Patrice H. Kunesh
Honorable Patrice Kunesh, I am glad to see your extensive
background and experience on issues that are important to Tribal
communities around the country. However, one issue that often gets
overlooked in discussions about the Commission's role is how we can
ensure that gaming facilities are not used to aid and harbor illegal
activities such as human trafficking.
Question 1. Ms. Kunesh, how can the Commission work with our Gaming
Facilities and Tribal Communities to ensure that they are safe and
secure environments for their customers and the surrounding
communities?
Answer. This issue is very important to me, and as I stated during
my hearing, I have worked to prevent human trafficking and violence
again women throughout my career. The NIGC is required by statute to
refer criminal matters to the appropriate law enforcement agency, and
it has an oversight responsibility to protect the public health and
safety at Indian gaming establishments. If confirmed, I would like to
build upon the work the NIGC has already done and bring together the
various stakeholders, such as the tribal regulatory community and the
criminal law enforcement community, to look at targeted issues like
human trafficking. That way, the NIGC will continue to promote best
practices and be available to help Tribes and tribal policymakers as
they determine how to address this issue at the local level in their
community.
Question 2. Do you feel that there is more that the Commission can
be doing to help address this issue?
Answer. As I mentioned during my hearing, I believe collecting and
analyzing data to understand the intersection between human trafficking
and gaming is important. If confirmed, I will work with Tribes, law
enforcement agencies, other Federal agencies, Congress, and other
stakeholders, as appropriate, to gather this data and use the
information to prevent human trafficking.
Question 3. As Chair, do I have your commitment to make this issue
a top priority during your term?
Answer. Yes. Preventing human trafficking and violence against
women is a responsibility that I take very seriously, and, as I have
stated, this will remain a top priority for me if I am confirmed.
______
Response to Written Questions Submitted by Hon. Markwayne Mullin to
Hon. Patrice H. Kunesh
Question 1. The Tribal Labor Sovereignty Act has been introduced in
either the U.S. House of Representatives, the U.S. Senate, or both,
since the 110th Congress. Do you support this legislation? If so, why?
If not, why not?
Answer. Promoting tribal sovereignty and economic development is
important to me. If I am confirmed, I will listen to all stakeholders
to understand the impacts of efforts such as this, and I look forward
to working with you and others to better understand the details and
implications of this legislation. Further, if confirmed, I commit to
working with members of this Committee in a collaborative and
transparent way to achieve our mutual goals.
Question 2. You have noted that you have worked for Casey Family
Programs in a research and writing capacity. Did any of your work at
Casey Family Programs touch upon the subject of Indian gaming? If yes,
please describe.
Answer. My research and writing for the Casey Family Programs
concerned elements of trauma and trauma-informed care and resulted in
publications for the National Native Child Trauma Center at the
University of Montana.
Question 3. At any point during your service as a Staff Attorney at
the Native American Rights Fund, did you handle any matter(s) related
to Indian gaming? If yes, please describe.
Answer. As a staff attorney at the Native American Rights Fund
(NARF), I represented tribal governments that had gaming enterprises.
My work involved matters such as constitutional reform, tribal law
development, and litigation related to jurisdictional disputes. As a
matter of general policy, NARF does not directly engage in cases
involving gaming.
Question 4. At any point during your service as Legal Counsel at
the Mashantucket Pequot Tribal Nation, did you handle any matter(s)
related to Indian gaming? If yes, please describe.
Answer. As legal counsel to the Mashantucket Pequot Tribal Nation,
I engaged in a range of issues, including matters concerning the scope
and extent of the Tribe's jurisdiction involving activities related to
the gaming enterprise, and tribal law and court development such as a
tort law for cases arising at the gaming enterprise. I also
participated in tribal tax and financing activities, including matters
concerning the general welfare exemption.
Question 5. At any point during your service as a Leadership Fellow
at the Bush Foundation, did you handle any matter(s) related to Indian
gaming? If yes, please describe.
Answer. I used my fellowship to pursue a Master of Public
Administration at the Harvard Kennedy School of Government. During this
time, I completed an independent study project on data involving
violence in Indian Country to better understand both geographic and law
enforcement perspectives of the impacts of this violence.
Question 6. At any point during your service as Deputy Solicitor--
Indian Affairs at the U.S. Department of the Interior, did you handle
any matter(s) related to Indian gaming? If yes, please describe.
Answer. In the general course of my responsibilities as Deputy
Solicitor, I worked on issues including Indian land determinations and
review of gaming compacts. I also regularly engaged with the General
Counsel for the National Indian Gaming Commission. In addition, I
worked with the Department of Justice as agency counsel in a gaming-
related matter before the United States Supreme Court.
Question 7. At any point during your service as Director of the
Center for Indian Country Development, at the Federal Reserve Bank of
Minneapolis, did you handle any matter(s) related to Indian gaming? If
yes, please describe.
Answer. At the Federal Reserve Bank of Minneapolis, I was involved
in research concerning the impact of tribal economies on areas such as
access to capital, housing, and education, as well as economic
diversification. This research often included analysis of issues
related to tribal gaming. I also led research on urban violence against
Native people.
Question 8. At any point during your work at Pehinf Haha
Consulting, did you handle any matter(s) related to Indian gaming? If
yes, please describe.
Answer. I did not handle matters specifically related to tribal
gaming at Pehinf Haha Consulting. One of my clients was the Economic
Policy Institute, where I dealt with global issues regarding the impact
of tribal economies on areas such as access to capital, housing, and
education, as well as economic diversification.
Question 9. At any point during your most recent service at the
Native American Rights Fund, did you handle any matter(s) related to
Indian gaming? If yes, please describe.
Answer. At the Native American Rights Fund, a public interest law
firm whose mission is to protect Native rights, resources and lifeways,
I worked on issues including waters rights, tribal governance, and
child welfare.
Question 10. At any point during your service as Commissioner at
the Administration for Native Americans, did you handle any matter(s)
related to Indian gaming? If yes, please describe.
Answer. The Administration for Native Americans (ANA) makes vital
investments in Native communities to enhance the social and economic
well-being of Native Americans, Alaskan Natives, Native Hawaiians, and
indigenous people of the Pacific Islands. As Commissioner, I have not
handled a matter at the ANA related to Indian gaming.
Question 11. To better understand the extent of your on-the-ground
experience in Tribal gaming, and speaking generally, do you now, or
have you ever, spent time in one or more Tribal gaming facilities--in
either a personal or professional capacity?
Answer. During my tenure with the Mashantucket Pequot Tribal
Nation, I spent time at the Foxwoods Resort Casino in a professional
capacity. In addition, throughout my career in my professional
capacity, I have attended numerous business meetings held at tribal
casinos across the country. When I visit family at Standing Rock in my
personal capacity, I often stay at the hotel at the Prairie Knights
Casino and Resort.
Question 12. How do you believe Artificial Intelligence will affect
the Tribal gaming industry?
Answer. New technology is changing how games are being played and,
as with all technology, it is important that the NIGC ensures that
regulatory standards do not lag behind as artificial intelligence (AI)
advances. As I stated during my hearing, AI is changing how companies
do business and presents a number of benefits, such as being a great
data analytic tool. Based on my experience at the Minneapolis Federal
Reserve and in the Federal government, however, I believe it is
important that there are proper safeguards in place to protect against
the potential downsides of AI. If confirmed as NIGC Chair, working on
issues related to new technology, such as AI, will be a high priority
for me, and I would work closely with NIGC staff, Tribes, and
technology experts to understand the impacts of the changing
technological landscape on gaming.
Question 13. How do you intend to use your position as Chairwoman
at the NIGC to address matters related to human trafficking?
Answer. Preventing human trafficking and violence against women is
a responsibility that I take very seriously, and I have worked on these
issues throughout my career.
The Indian Gaming Regulatory Act requires the NIGC to refer
criminal matters to the appropriate law enforcement agency. It is also
the NIGC's oversight responsibility to ensure that Tribes protect the
public health and safety in Indian gaming premises, including from the
threat of human trafficking. If confirmed as Chair of the NIGC, one of
my top priorities will be continuing the NIGC's efforts to combat human
trafficking in Indian gaming facilities. Within NIGC's authority, I
would promote best practices to help Tribes address these issues at the
local level and ensure that any criminal activity is reported to the
appropriate law enforcement authorities as required by law. Also, as I
touched on in the hearing, I believe it is important to utilize data to
better understand the intersection between human trafficking and gaming
and to identify any potential data gaps. If confirmed as Chair of the
NIGC, I commit to learning more about what data is available and
working with you and members of this Committee to combat human
trafficking.
Question 14. At any point during your time as an attorney in
private practice, have you handled any matter(s) related to Indian
gaming? If yes, please describe.
Answer. As I stated at my hearing, I served on the faculty at the
University of South Dakota School of Law, where I taught courses on
federal Indian law and gaming. However, as an attorney in private
practice and at Pehinf Haha Consulting, I did not handle matters
specifically related to Indian gaming.
______
Response to Written Questions Submitted by Hon. Lisa Murkowski to
Hon. Patrice H. Kunesh
Question 1. If confirmed, what steps will you take, as Chair of the
NIGC, to combat human trafficking? What do you see as NIGC's role in
anti-trafficking efforts?
Answer. Preventing human trafficking and violence against women is
a responsibility that I take very seriously, and I have worked on these
issues throughout my career.
The Indian Gaming Regulatory Act requires the NIGC to refer
criminal matters to the appropriate law enforcement agency. It is also
the NIGC's oversight responsibility to ensure that Tribes protect the
public health and safety in Indian gaming premises, including from the
threat of human trafficking. If confirmed as Chair of the NIGC, one of
my top priorities will be continuing the NIGC's efforts to combat human
trafficking in Indian gaming facilities. Within NIGC's authority, I
would promote best practices to help Tribes address these issues at the
local level and ensure that any criminal activity is reported to the
appropriate law enforcement authorities as required by law. Also, as I
touched on in the hearing, I believe it is important to utilize data to
better understand the intersection between human trafficking and the
gaming industry and to identify any potential data gaps. If confirmed
as Chair of the NIGC, I commit to learning more about what data are
available and working with you and members of this Committee, as well
as with Tribes and other stakeholders, to combat human trafficking.
Question 2. If confirmed, will you commit to review the NIGC
internal ethics policies for Commissioners and employees and provide
your views to the Committee on whether these ethics policies are
adequate or need revision? I am particularly interested in your views
as to whether these ethics policies are adequate with respect to
conflicts of interest, any applicable ``cooling off'' periods on post-
government service employment, and any postemployment restrictions with
private employers that may have business before the NIGC or financial
interests in Indian gaming?
Answer. Professional responsibility and accountability are
foundational to my career. If confirmed as Chair of the NIGC, I commit
to consulting with career ethics officials within the Department and
adhering to the Department's high ethical standards. If confirmed, I
will look into the issues that you have raised regarding internal
ethics policies. I will also maintain open communication with you on
this issue.
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