Native Tribes Demand Congress Ban Prediction Markets

Tribal leaders have requested that Congress in Washington ban online prediction markets, claiming they infringe upon their gaming rights under the Indian Gaming Regulatory Act (IGRA). On August 4, 2026, Mark Macarro, chairman of the National Congress of American Indians, presented his testimony before the Senate Committee on Indian Affairs.

Threat to Indigenous Sovereignty

During a Senate roundtable, tribal leaders warned that prediction market contracts "similar to gambling" pose a direct threat to Indian sovereignty. "Every dollar diverted to prediction markets as gambling is a dollar taken away from tribal jobs, facilities, and community programs," testified Macarro. Furthermore, he is the chairman of the tribal council of the Pechanga Band of Luiseño Indians, owners of the Pechanga Resort Casino in Temecula, California, one of the largest tribal casinos in the country.

IGRA Versus the Commodity Futures Modernization Act

Macarro emphasized that the Indian Gaming Regulatory Act must be respected. By enacting IGRA, Congress was clear: tribes have exclusive jurisdiction over gaming on Indian lands. "Congress never intended for the Commodity Futures Modernization Act to precondition IGRA," Macarro added.

Prediction Markets and Revenue Loss

Tehassi Hill, vice president of the Indian Gaming Association, shared Macarro's stance that federally regulated prediction markets directly siphon revenues from tribes. "Every dollar generated from gaming funds healthcare, education, and public safety," Hill noted. He particularly criticized the offering of online sports betting to 18-year-olds.

Changing the Name Doesn't Change Legality

Jamie Hummingbird, chair of the National Tribal Gaming Commission and Regulators, pointed out that renaming sports betting does not make it legal. The rapid expansion of prediction markets is an immediate threat to tribal sovereignty.

Call for Legislative Action

Tribes urge Congress to pass legislation such as the CLARITY Act to prevent the Commodity Futures Trading Commission from allowing these markets. They argue that these markets divert billions of dollars from Native casinos.

Tribal Gaming Revenue

In fiscal year 2025, tribal casinos generated record gross gaming revenue of $46.2 billion, a 5.3% increase from fiscal year 2024. There are 246 federally recognized tribal nations in 29 states, owning 545 gaming properties.