Biden Nominates Patrice H. Kunesh National Indian Gaming Commission Chairwoman

President Joe Biden has now made another move towards strengthening ties with tribal gaming by nominating Patrice H. Kunesh as chairwoman of the National Indian Gaming Commission, a White House press statement confirmed.

Experienced Tribal Gaming Veteran Steps at NIGC

H. Kunesh has extensive experience in participating in tribal, state, and federal affairs, making her ideal for the new position, replacing the outgoing acting chairwoman, Sharon M. Avery.

The new appointment is also Deputy Assistant Secretary for Native American Affairs and Commissioner of the Administration for Native Americans within the Administration for Children and Families in the Department of Health and Human Services, and has been contributing to the development of tribal initiatives.

For example, H. Kunesh has helped establish the  Center for Indian Country Development at the Federal Reserve Bank of Minneapolis, signaling her support for embracing wider initiatives within the tribal ecosystem. She has similarly worked with the Mashantucket Pequot Tribal Nation and the Native American Rights Fund, making her a well-established figure among tribal leaders.

As chairwoman of the National Indian Gaming Association, H. Kunesh will ensure that tribal gaming operations comply with existing federal regulations, including auditing, monitoring, and investigating potential violations.

She will work closely with tribes and consult on tribal sovereignty and effective oversight of the sector, addressing important aspects. The National Indian Gaming Commission hews to and enforces the Indian Gaming Regulatory Act and has been consistent in applying it.

NIRC Presides Over a Range of Matters and Issues

Seminal cases where the commission was involved include the Bishop Paiute Tribe in 2015 and the Coeur d’Alene Tribe, both of which were running gaming products inconsistent with the act.

However, the commission has also lost seminal court battles, one such is the United States v. Seminole Tribe of Florida where the tribe held its ground and said that its use of Class III gaming operations was legitimate and not something that the National Indian Gaming Commission could enforce based on the Indian Gaming Regulatory Act.

The US Supreme Court eventually ruled in favor of the Seminole Tribe, which runs the Hard Rock brand in the state today and has near-full dominance on online and land-based gambling. Interestingly, the Seminole Tribe of Florida is embroiled in fights over its rights to hold exclusivity in online sports betting by Magic City Casino and Bonita Springs Poker Room. These efforts have fallen short of success.