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S. HRG. 113–521 

NOMINATION OF JONODEV OSCEOLA CHAUDHURI 

TO BE CHAIRMAN OF THE NATIONAL INDIAN 

GAMING COMMISSION 

HEARING 

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED THIRTEENTH CONGRESS 

SECOND SESSION 

NOVEMBER 12, 2014 

Printed for the use of the Committee on Indian Affairs 

( 

(II) 

COMMITTEE ON INDIAN AFFAIRS 

JON TESTER, Montana, Chairman 

JOHN BARRASSO, Wyoming, Vice Chairman 

TIM JOHNSON, South Dakota 

MARIA CANTWELL, Washington 

TOM UDALL, New Mexico 

AL FRANKEN, Minnesota 

MARK BEGICH, Alaska 

BRIAN SCHATZ, Hawaii 

HEIDI HEITKAMP, North Dakota 

JOHN MCCAIN, Arizona 

LISA MURKOWSKI, Alaska 

JOHN HOEVEN, North Dakota 

MIKE CRAPO, Idaho 

DEB FISCHER, Nebraska 

MARY J. PAVEL, Majority Staff Director and Chief Counsel 

RHONDA HARJO, Minority Deputy Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on November 12, 2014 ...................................................................... 1 

Statement of Senator Barrasso ............................................................................... 24 

Statement of Senator Begich .................................................................................. 3 

Statement of Senator Crapo ................................................................................... 3 

Statement of Senator Franken ............................................................................... 2 

Statement of Senator Johnson ................................................................................ 3 

Statement of Senator Tester ................................................................................... 1 

WITNESSES

Chaudhuri, Jonodev Osceola, Nominee to be Chairman of the National Indian 

Gaming Commission ............................................................................................ 3 

Prepared statement .......................................................................................... 5 

APPENDIX

Berrey, Hon. John, Chairman, Quapaw Tribe of Oklahoma, letter submitted 

for the record ........................................................................................................ 31 

Dixon, Hon. Stacy, Tribal Chairman, Susanville Indian Rancheria, letter submitted for the record ............................................................................................ 32 

(1) 

NOMINATION OF JONODEV OSCEOLA 

CHAUDHURI TO BE CHAIRMAN OF THE 

NATIONAL INDIAN GAMING COMMISSION 

WEDNESDAY, NOVEMBER 12, 2014 

U.S. SENATE, 

COMMITTEE ON INDIAN AFFAIRS, 

Washington, DC. 

The Committee met, pursuant to notice, at 4:00 p.m. in room 

628, Dirksen Senate Office Building, Hon. Jon Tester, 

Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JON TESTER, 

U.S. SENATOR FROM MONTANA 

The CHAIRMAN. We call the Committee on Senate Indian Affairs 

to order. 

Today the Committee is going to hold a hearing to examine the 

President’s nomination of Jonodev Osceola Chaudhuri to serve as 

Chairman of the National Indian Gaming Commission. Mr. 

Chaudhuri was nominated on July 22nd by President Obama and 

has served this past year as Vice Chair of the Commission after 

being appointed to that position by Secretary Jewell. 

When Congress enacted the Indian Gaming Regulatory Act 25 

years ago, it established the National Indian Gaming Commission 

as an independent agency to oversee gaming at the Federal level. 

The Act recognized tribes as the primary regulators of gaming, unless specific responsibilities of the commission. 

The agency’s mission is to carry out this oversight with the goals 

of promoting tribal economic self-sufficiency, maintaining the integrity of the Indian gaming industry and ensuring that tribes are the 

primary beneficiaries of their gaming activities. 

The NIGC Chairman is tasked with reviewing tribal gaming ordinances, reviewing management contracts, conducting audits and 

investigations and undertaking enforcement actions, including 

issuing closure orders and civil fines. In addition to its oversight 

role, the commission also works to provide technical assistance and 

training to tribal regulators. 

The Chairman and two commissioners oversee nearly 100 employees who work at Washington, D.C. headquarters and seven regional offices. The agency is funded at approximately $20 million 

annually, all through fees collected from tribal gaming operations. 

Since the creation of the commission, Indian gaming has seen a 

tremendous growth. While tribal gaming started with small bingo 

2 

halls and poker rooms, today the commission oversees 422 gaming 

facilities operated by 240 tribes in 28 States. In this past year, Indian gaming revenues exceeded $28 billion for the first time in history. 

Tribal governments use gaming revenues to provide essential 

services, including education and health care, to its tribal members. They are also used for infrastructure development such as 

roads, water systems, housing. Indian gaming also provides thousands of jobs for Native and non-Native residents alike. For many 

tribes, gaming is just a small revenue generator used to supplement tribal economies, while for others, gaming has allowed tribes 

to revitalize their communities and achieve greater levels of selfgovernance. 

While concerns expressed by opponents of Indian gaming have 

largely failed to materialize, there is a constant need to be vigilant 

in the oversight of the industry. This protects tribes and their 

members and maintains the integrity of the industry. For the commission to succeed it needs good leadership. The nominee for 

Chairman, Mr. Chaudhuri, has provided that leadership in an acting capacity for over a year now. Mr. Chaudhuri has an extensive 

background in Indian affairs and is respected in Indian law and Indian gaming communities. He has received numerous letters of 

support, including those from the Arizona and Oklahoma Indian 

Gaming associations, two of the States where he has been most active in his career. 

I want to thank Mr. Chaudhuri for his service to date, thank 

you, and for your willingness to take on this position. If confirmed, 

I look forward to hearing from you today about the commission’s 

activities and how you would lead the commission to continue 

meeting the challenges facing Indian gaming going forward. 

The CHAIRMAN. Do any of the other members have a statement? 

STATEMENT OF HON. AL FRANKEN, 

U.S. SENATOR FROM MINNESOTA 

Senator FRANKEN. I do. 

The CHAIRMAN. Senator Franken? 

Senator FRANKEN. Thank you, Chairman Tester, for holding this 

hearing today, and thank you, Mr. Chaudhuri, for your service so 

far. Indian gaming is a vital economic development tool for many 

tribes across our Country and in my State. 

I said in our last hearing about gaming that I believe the fact 

that gaming revenue dwarfs Federal spending in tribal communities is an indictment of Federal policy and an indication of why 

it is so important to protect Indian gaming. The National Indian 

Gaming Commission is vital to that effort, and I know you take 

your responsibility seriously. 

In many ways, I think we are at a very important moment for 

Indian gaming. Increased competition from commercial gaming and 

the unpredictable effect of rapidly changing technology could either 

make or break this important economic development tool. I look 

forward to hearing from you about your views on these issues and 

your role in moving Indian gaming forward. 

Thank you, and thank you, Mr. Chairman. 

The CHAIRMAN. Senator Begich? 

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STATEMENT OF HON. MARK BEGICH, 

U.S. SENATOR FROM ALASKA 

Senator BEGICH. Mr. Chairman, I don’t really have any comments other than to say I am glad to see you here, I am glad to 

see this opportunity to appoint Mr. Chaudhuri, thank you for being 

here from St. Paul, which of course we always like to remember 

Alaskans here. We appreciate it a great deal and I am looking forward to getting this nomination moving forward and also spending 

time with you. Thank you. 

The CHAIRMAN. Senator Crapo? 

STATEMENT OF HON. MIKE CRAPO, 

U.S. SENATOR FROM IDAHO 

Senator CRAPO. Thank you very much, Mr. Chairman, for holding this hearing on the President’s nominee to lead the National 

Indian Gaming Commission, and thank you, Mr. Chaudhuri, for 

being here today. 

Allow me to extend a welcome to your family for being here as 

well. And in the interest of hearing directly from you, I am going 

to keep my remarks very brief, Mr. Chairman. 

The National Indian Gaming Commission serves a vital role in 

regulating gaming activities related to tribal lands. The results of 

the compromise solution to conflicts surrounding Indian gaming between various stakeholders is that the commission and its authorizing legislation seeks to balance the need to promote tribal sovereignty with the need to be sensitive to the concerns of other affected interests and the States. As such, the commission must demonstrate a strong willingness to work collaboratively with all of our 

impacted stakeholders as it carries out its duties and responsibilities. 

I won’t go any further, Mr. Chairman. I look forward to hearing 

Mr. Chaudhuri’s views on this and other related matters today. 

And again, welcome. 

The CHAIRMAN. Thank you. 

Senator Johnson? 

STATEMENT OF HON. TIM JOHNSON, 

U.S. SENATOR FROM SOUTH DAKOTA 

Senator JOHNSON. Welcome, Mr. Chaudhuri. As a side note, I 

welcome also Dr. Chaudhuri, he was a faculty member at USD long 

ago, and I welcome him. 

The CHAIRMAN. Thank you, Senator Johnson. 

With that, we will turn it over to you, Mr. Chaudhuri, for your 

statement. 

STATEMENT OF JONODEV OSCEOLA CHAUDHURI, NOMINEE 

TO BE CHAIRMAN OF THE NATIONAL INDIAN GAMING 

COMMISSION 

Mr. CHAUDHURI. Thank you, Chairman, members of the Committee, [greeting in Native tongue]. I am very honored to be here 

today. 

My name is Jonodev Osceola Chaudhuri, and I a am a proud citizen of the Muscogee Creek Nation. I am honored to be President 

Obama’s nominee for Chairman of the National Indian Gaming 

4 

Commission. Thank you for today’s hearing to consider my nomination. 

In my time at the NIGC, much which has been spent as acting 

Chairman. I have led and worked closely with our extraordinary 

team to keep the agency operating smoothly and on a positive trajectory during a period of transition. I have made a number of critical decisions and I have done so with a judge’s commitment to fairness and process. I have never shied away from difficult decisions. 

Should I be confirmed, I will build on the agency’s ability to engage in sound regulation consistent with the Indian Gaming Regulatory Act. 

With me today, as mentioned, is my wife, Marissa. Marissa is incredible. She is a wonderful person in an incredible profession. She 

serves her Alaska Native community, the Aleut Community of St. 

Paul Island, very well as a member of their management team. I 

am also joined by my son, Kanuux, who is seven. Our youngest son 

is a little too unpredictable to be brought in public at this time, so 

he is at home with a family friend. 

I am thankful every day of my life for having Marissa in it. I am 

also very honored and excited to be joined today by my father, 

Joyotpaul Chaudhuri, Joy, who at the age of 81 has traveled to be 

here from Tempe, Arizona. My family’s values, guidance and support have made me who I am. So I am very thankful, Chairman, 

Vice Chairman, members of the Committee, to join you today. 

I understand the profound impact that responsible and purposedriven gaming has had in many communities throughout Indian 

Country. Before law school, I worked for three years as an educator 

and cultural preservationist for an Arizona tribe whose gaming operation was in the early stages of flourishing. I saw how that community used its gaming resources to invest in infrastructure, 

health services, educational programs and cultural preservation efforts. Similarly, I saw how my tribe, the Muscogee Creek Nation, 

and neighboring tribes in southeastern Oklahoma began using 

gaming revenue to transform their communities. 

Through these experiences, I appreciate the connection between 

preserving the integrity of Indian gaming and supporting tribal 

self-determination, a goal clearly set forth in IGRA. 

I have a solid, well-rounded career that has equipped me well to 

serve as a strong regulator. My judicial experience has given me 

a thoughtful and measured approach to issue resolution. My 

lengthy experience as an attorney and an Indian law and gaming 

teacher has given me a solid understanding of the commissions’ responsibilities, authority and history. 

My regulatory work at the NIGC, coupled with high level policy 

work at the department of Interior, have given me a full picture 

of how gaming impacts policy on a national scale. Finally, my lifetime of service to under-represented communities helps me appreciate how prudent economic development efforts positively impact 

real lives. 

These experiences give me a clear understanding of the NIGC’s 

role in helping protect a critical avenue for tribal nation-building. 

I have lived most of my life in Arizona, where my father, my brother Paul and my aunt Richinda Sands and my cousin-brother Lance 

Sands still live. Growing up, the family kept one foot in Muscogee 

5 

life at all times, always staying connected to cultural, ceremonial 

and church activities in Oklahoma. I am a member of the Nokose, 

or Bear Clan, and my warrior name is Nokoshomvhte, or LeaderBear, from the Nyuaka ceremonial grounds, stomp grounds, where 

I have served as Fire Keeper. My mother, the late Jean Chaudhuri, 

a full-blood Muscogee Creek, was a respected Indian Country leader and life-long community volunteer. My father, a naturalized citizen who emigrated here from India in the early 1950s, is a retired 

political science professor who mentored and supported numerous 

students and tribal leaders throughout his career. Both lived lives 

of public service. 

Throughout my life, I have been intimately exposed to core 

Muscogee values of compassion, humility, respect and courage, 

other words for love. Central to my family’s belief is that these values can be expressed through public service. Elders of my tribe, including my mother, often recounted a fundamental teaching: whatever gifts you may have do not belong to you; they are given to you 

to help you serve the community. 

For me, the NIGC chairmanship represents an opportunity to 

serve. I welcome the opportunity to keep the agency moving in a 

positive direction. My personal and professional experiences make 

me ideally suited to serve as Chairman and I am honored and 

humbled to be considered for this important task. If confirmed, I 

will perform it to the best of my ability. 

Thank you [phrase in Native tongue]. Thank you for your time 

today. I am happy to answer any questions you may have. 

[The prepared statement and biographical information of Mr. 

Chaudhuri follow:] 

PREPARED STATEMENT OF JONODEV OSCEOLA CHAUDHURI, NOMINEE TO BE

CHAIRMAN OF THE NATIONAL INDIAN GAMING COMMISSION

Mr. Chairman, Mr. Vice Chairman, and Members of the Committee. My name is 

Jonodev Osceola Chaudhuri, and I am proud citizen of the Muscogee (Creek) Nation. 

I am honored to be President Obama’s nominee for Chairman of the National Indian 

Gaming Commission (the ‘‘NIGC’’ or ‘‘Commission’’). Thank you for today’s hearing 

to consider my nomination. 

Since being appointed to serve as a Commissioner by Secretary Sally Jewell in 

September of 2013 and subsequently designated to serve as Acting Chairman by 

President Obama for most of the preceding year, it has been my distinct honor and 

privilege to serve at the NIGC, and I am profoundly grateful to President Obama 

and Secretary Jewell for the opportunity to do so. In my time at the NIGC, I have 

made every effort to help keep the agency operating smoothly and on a positive trajectory during a period of transition. Should I be confirmed to serve as Chairman, 

I would welcome the additional stability at the agency that would result, and I will 

do my part to help the agency continue to engage in sound regulation consistent 

with the Indian Gaming Regulatory Act (IGRA). 

With me today are my wife, Marissa Chaudhuri—formerly Marissa Merculieff— 

and our oldest son, Kanuux. Our youngest son, Hamati, is at home with a family 

friend. My wife is an attorney by trade and serves her Alaska Native tribal government, the Aleut Community of St. Paul Island, in a management position. She is 

an incredible person and a skilled professional; and I am thankful every day for 

having her in my life. I am also thankful and excited to be joined today by my father, Joyotpaul Chaudhuri, who at the young age of 81 and despite health challenges that such an age entails, has traveled to be here from Tempe, Arizona. My 

family’s values, guidance, support, and grounding, which I will discuss in more detail, have not only made me who I am, but also provide an excellent backdrop for 

why I wish to and am willing to serve as Chairman of the NIGC. 

My appreciation of the importance of sound regulation flows from my professional 

experience in law and public policy. My interest in public service flows from a belief 

that we each have a responsibility to do whatever we can to help improve opportuniVerDate Mar 15 2010 12:20 Jan 06, 2015 Jkt 092196 PO 00000 Frm 00009 Fmt 6633 Sfmt 6621 S:\DOCS\92196.TXT JACK
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ties for future generations. For me, service as Chairman of the NIGC resonates with 

my professional experience and commitment to service, as the regulation of Indian 

gaming requires a complete understanding of the law, of how gaming fits into broader public policy, and, on a micro-level, of how gaming impacts real lives in the community. I believe my professional and public service backgrounds have served the 

agency well in this regard thus far and will continue to do so. My professional pursuits and my commitment to service are intertwined, and both are directly born 

from my family background. 

I am the son of the late Jean (Hill) Chaudhuri, a full-blood Mvskoke (‘‘Muscogee’’) 

born on our family’s allotment in Okfuskee County, Oklahoma, and Joyotpaul 

Chaudhuri, a naturalized citizen who came to the United States from Calcutta, 

India, in the early 1950s. Together, they are my two greatest heroes as they are 

in their own ways the embodiment of service. 

My mother stood as a powerful example of leadership and the strength of Creek 

women. By all accounts, tribal life in rural Oklahoma in the 1930s and 1940s was 

hard. Not unlike many Indian families of the day, our family drew water from a 

nearby well, did not have electricity, and often worked as migrant farm workers to 

make ends meet. Relations between American Indian and non-Indian communities 

were strained, and educational opportunities were limited. Mom did not finish high 

school. Despite her lack of formal education, her love of knowledge drove her to be 

self-educated. She was inquisitive, and learned from elders, including a clan-grandfather that had walked the Trail of Tears. She learned all that she could about our 

peoples’ history, ceremonies, language and culture. She also learned church life, 

which was of great significance to much of the Creek community. English was her 

third language (Creek was her first, Cherokee her second), and in the tradition of 

Creek orators, she eventually mastered the art of public speaking and advocacy. 

Continuing a commitment to service that she learned from her parents and relatives, she became a grassroots organizer, storyteller, playwright, author, and an 

advocate for the Muscogee community, other Native communities, and other underprivileged communities. Always grounded in her culture and values, her foundation 

as a Muscogee (Creek) woman guided her to assist with numerous issues and public 

service efforts throughout her life and throughout her travels all across the country. 

As a result, her work and service to her people, Indian Country in general, and numerous non-Indian disadvantaged communities, such as founding a health clinic and 

off-reservation cultural center, was acknowledged on both a national and local level. 

Although raised a world away in India, my father shared Mom’s values and commitment to service. It was my dad’s childhood passion for Native American history 

that led him to come to United States, and more specifically Oklahoma. Dad became 

a political philosophy professor, teaching American Indian policy and political 

science for well over 40 years, helping to develop Indian Studies programs at a number of universities, most notably the University of Arizona. Along the way, Dad 

mentored and supported numerous students, tribal leaders and organizers, and community members. Dad has published many articles and monographs in Indian affairs. Along with Mom, he authored A Sacred Path: The Way of the Muscogee Creeks, 

a comprehensive synthesis of Muscogee history, culture, and philosophy. 

From my family’s teachings and example, I have been intimately exposed to core 

Muscogee values, the foremost of which are love/compassion, humility, respect, and 

courage. Central to my family’s beliefs is that these values can be expressed through 

public service. Elders of my tribe, including my mother, often recounted a fundamental teaching: whatever gifts you may have do not belong to you; they were given 

to you to share with others and to serve the greater good of the community. The 

core Muscogee values have been reinforced by my own personal and professional experiences, and I strive to apply them in all matters. 

I have lived most of my life in Arizona where my father, my brother Paul (Joydev 

Mahagi), my aunt Richinda Sands—another family tradition-keeper, and my cousinbrother Lance Sands still live. I am a member of the Nokose (Bear) Clan, and my 

warrior name is Nokoshomvhte (Leader/Front Bear). I belong to and participate in 

Nuyaka traditional/ceremonial grounds in Okfuskee County, Oklahoma, and I have 

served as Totkv-Vfastv (fire-keeper) there. My family also has close ties to Greenleaf 

Indian Baptist Church in Okemah and lineal ties to the Arpeka and Hickory 

Ground ceremonial grounds. Growing up, the family kept one foot in Oklahoma at 

all times. In addition to regular trips to visit family, Mom and Dad made sure we 

stayed connected to cultural and ceremonial activities throughout my childhood. 

As an adult, I have pursued educational and professional pursuits that I felt 

would enhance my ability to serve. After graduation from Dartmouth College in 

1993, I spent three years as a culture and enrichment coordinator for the Fort 

McDowell Yavapai Nation in Arizona. On the heels of a historic standoff with federal officials that helped shape the contours of gaming throughout the state, Fort 

7 

McDowell was in the midst of a substantial expansion of its gaming operation, as 

well as of its overall economic development activity. It was a formative time for me. 

My primary interest was to serve as an educator and cultural preservationist for 

the community, but I was amazed by the unmistakable connection between economic development and self-determination. I saw how the tribe used resources from 

gaming to bolster its services and programs and build a viable infrastructure. I saw 

how resources were used to support culture and language programs as well as to 

develop tribally-run health care services. I continue to carry with me the lessons I 

learned firsthand during that period about the connection between responsible and 

purpose-driven gaming activity and cultural preservation and self-sufficiency. 

After my time at Fort McDowell, I attended Cornell Law School to pursue a career in law and set out to equip myself with the best professional experiences I 

could, not knowing where such experiences would take me. I have since been 

blessed to have had a solid, well-rounded career, having served in the private sector 

for approximately a decade and serving in public trust positions within federal, 

state, and tribal governments throughout the last 15 years. My education and professional experience has given me both a broad understanding of law and public policy, as well as a targeted and direct understanding of the gaming industry and its 

impacts on lives on the ground. 

I am an attorney, licensed in Oklahoma, Arizona, and Washington State, and admitted in various federal, state, and tribal courts. After law school, I clerked for 

judges James Ackerman and Noel Fidel of the Arizona Court of Appeals before practicing civil litigation, business and finance, and Indian law from 2001–2006 with the 

firm of Snell & Wilmer, a large national law firm based in Phoenix. I left Snell & 

Wilmer to start my own small firm, which I ran from 2006–2010. I also have a modest background in criminal law, having clerked for the Arizona Federal Defender’s 

Office in Phoenix and practiced as a Deputy Public Defender in Maricopa County. 

Throughout my practice, I actively engaged in activities targeted at serving the legal 

profession and the greater community, regularly teaching Indian law courses, including Indian gaming, at Phoenix College and serving on numerous boards and organizations, including service as Chairman of the Arizona Bar Association’s Indian 

law section. 

Contemporaneous with my practice of law, I have been honored to serve as a 

judge for many years. I have served as a full-time trial judge for the Puyallup Tribe 

of Indians in Washington State, as well as an appellate judge for the Gila River Indian Community in Arizona, the Yavapai-Apache Nation in Arizona, the San 

Manuel Mission Band of Indians in California, and, from 2006–2012, the Muscogee 

(Creek) Nation. Much of my time on the Muscogee (Creek) Nation Supreme Court 

was spent as Chief Justice. 

I have been fortunate to receive high-level public policy experience, serving as 

Senior Counselor to the Assistant Secretary—Indian Affairs at the U.S. Department 

of the Interior, as well in my most recent post as Acting Chairman of the NIGC. 

Each of these experiences has given me direct, practical skills well-suited to the 

position of Chairman of the NIGC. 

First and foremost, having served in a leadership role at the NIGC for over a 

year, much of that time as Acting Chairman, I have gained a strong understanding 

of the work and challenges of the agency. During that time I have strived to make 

decisions with the professional perspective and personal values I previously discussed. I have done so with a judge’s commitment to fairness and process and with 

a personal sense, born from experience, of the real world impact those decisions 

would have. I have never shied away from difficult decisions in my professional career, nor will I do so in the future. 

The greatest resource of the agency is its highly skilled and committed staff. As 

the NIGC is the only agency in the federal government that regulates any form of 

gaming, the staffs skillset is unique and critical to the agency’s continued success. 

The professionalism and dedication within the NIGC team is remarkable, and I 

have been privileged to work with and learn from my NIGC colleagues over the last 

14 months. I look forward to continuing to do so throughout my time at the agency. 

Through the Commission’s outreach at consultations, tribal leadership meetings, 

and industry functions, I have expanded on my relationships with industry stakeholders to build on the agency’s goodwill and collaborative relationships. Together 

with fellow Commissioner Little, I have worked to improve communication within 

the agency and address various operational matters. 

In addition to my firsthand experience with the agency, my extensive professional 

experience has also proven to be directly relevant and helpful during my NIGC tenure. 

My judicial experience has been my most useful asset at the NIGC. It has given 

me a thoughtful, measured, approach to issue resolution with an eye toward longVerDate Mar 15 2010 12:20 Jan 06, 2015 Jkt 092196 PO 00000 Frm 00011 Fmt 6633 Sfmt 6621 S:\DOCS\92196.TXT JACK
8 

term impacts. As a judge, one must hold a solemn commitment to the fair and impartial application of the law. The same is true as a regulator. Both require a thorough understanding of the law and procedures to be applied in a given situation and 

both require one to place decisions in a proper public policy and real world context. 

My lengthy service as an attorney and teacher in the field of Indian law, including 

Indian gaming matters, has given me a solid understanding of the Commission’s 

legal and regulatory issues. My policy background from service at the Department 

of the Interior and a number of community organizations, as well as my personal 

experience, have given me a full picture of how gaming and gaming decisions impact 

federal Indian policy and tribal nation-building on a national scale. Finally, my volunteer service and my lifetime service to underrepresented communities help me appreciate how prudent economic development efforts positively impact real lives. 

All of these experiences have given me a deep respect for efforts tribes engage in 

to improve their communities and an appreciation for the role that NIGC plays in 

protecting a critical avenue for tribal economic development through sound regulation. Further, these experiences have taught me to prepare for foreseeable challenges in the work that any organization performs. For these reasons, I am committed to building on the agency’s philosophy of cooperation and collaboration with 

tribes and tribal regulators, and I am committed to doing whatever I can to ensure 

that the agency continues to improve its technological capabilities. 

I am committed to applying the regulatory tools of IGRA in a balanced, practical, 

and fair manner. I welcome the opportunity to do what I can to fulfill the requirements of IGRA and keep the agency moving in a positive direction. On the surface, 

it may appear that my path to the NIGC is markedly different from others who 

have served in the post. While that may be true, I am convinced that my personal 

and professional experiences make me ideally suited for the role at this point in the 

agency’s history. 

For me, the NIGC Chairmanship represents an opportunity to serve. There are 

others who are more suitable than I am to be full-time cultural preservations; although I take seriously my responsibility to learn and pass on my peoples’ traditions 

to my children and whomever else I may be able to. There are others more suitable 

than I to be full-time language preservationists, although I will do what I can to 

continue learning Creek until my last days. There are certainly others better suited 

to fulfill many of the other important public and private roles that together, help 

ensure the continued survival and success of our people. At this moment, however, 

I have the opportunity, as a regulator, to do my part to perform an important role 

in supporting self-determination. Namely, through sound regulation, I can help preserve the integrity of an industry that has had a monumental impact on the historical landscape of Indian country. This is what I can do now to help. I stand willing 

and able to do so. I am honored to be considered for this important task, and if confirmed, I will perform it to the best of my ability. 

Thank you for your time today. I am happy to answer any questions you may 

have. 

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The CHAIRMAN. Thank you, Mr. Chaudhuri. 

I would start by, you discussed some about your activities and 

initiatives that have happened since you have been with the commission. Are there any goals or changes that you would pursue if 

confirmed, other goals you would pursue if confirmed? 

Mr. CHAUDHURI. Thank you, sir. 

Certainly I discussed technology quite a bit in my written testimony. We are obviously living in the information age and the industry we regulate is driven by technology. That is absolutely clear. 

Tribes have been incredible innovators of gaming technology. And 

in order to keep pace with our regulatory duties as well as our internal capabilities, we have to make sure that technology is a top 

priority for the agency. 

So investing in infrastructure, staff, as well as ongoing regulatory review, technology is certainly key to that. 


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The CHAIRMAN. There have been two commissioners now for a 

while. If you get confirmed for this position, there will be a commissioner slot that is open. Can you discuss the importance of having 

a full commission and also, discuss why it is important to have a 

full commission, is there anything you cannot do because the commission isn’t full? 

Mr. CHAUDHURI. Thank you, Chairman. I really have to take my 

hat off to the extraordinary staff at the NIGC. We have been able 

to keep the agency moving along and we have been able to perform 

our regulatory duties in a real time of transition. 

That said, there are many, many benefits to having a full commission. On appeal, any appeal of the Chairman is appealed to the 

full commission. As things stand right now, we have two commissioners and that won’t change until and unless, hopefully, be it so 

willing, confirmation takes place, that won’t change. 

The practical effect of that is any appeals of the Chairman go to 

an even-numbered appellate body, of which the Chairman is one of 

them. That is one specific example. 

But additionally, all voices are required as they benefit, the regulatory review process. So having the expertise of a full commission 

is absolutely essential in order for us to perform our ongoing obligation of regulatory review. 

Finally, while I am very honored to serve as acting Chairman 

right now, the Vacancies Act does have its own set of limitations 

such that the acting Chairman can serve, in certain circumstances, 

whenever there isn’t an acting Chairman or a confirmed Chairman 

in place, there are other workarounds that the agency has to perform to perform its regulatory duties. So hopefully that is, in a nutshell, a summary of some of the considerations at play. 

The CHAIRMAN. Okay. I think it is important we get the third 

commissioner. But I would ask, is there anything you cannot do 

without that third commissioner, besides the appeals? 

Mr. CHAUDHURI. At this time, as acting, my technical regulatory 

authorities, as set forth in IGRA, I am able to perform those. However, one of the important functions of the NIGC is to perform a 

public education role in the industry. Certainly the weight of a confirmed Chairman is different than acting chair. And I would welcome the stability and the consistency that a confirmed chair would 

bring. 

The CHAIRMAN. Thank you. 

Vice Chair Barrasso? 

STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM WYOMING 

Senator BARRASSO. Thank you very much, Mr. Chairman, for 

holding this hearing. Today we are considering the President’s 

nominee to serve as the Chairman of the National Indian Gaming 

Commission. The position has been vacant since October 2013, in 

my opinion, Mr. Chairman, for too long. I think it is an important 

position, one charged with significant responsibilities in Indian 

gaming, a $28 billion industry. And yet the White House didn’t 

even send this nomination to the Senate until July, 2014, a ninemonth delay. Despite repeated inquiries by our staff, the Administration didn’t even submit the required paperwork until September 

25 

of 2014. So I appreciate your diligence, Mr. Chairman, in considering this nomination, and I hope that in the future the President 

will ensure that nominations of qualified candidates and the completed paperwork are submitted to the Committee in a timely manner. 

But despite the delays, I do want to welcome our nominee, Mr. 

Chaudhuri, and your family. Congratulations on the nomination. 

As we discussed in our Committee hearings in July of this year, 

there should be a strong regulatory enforcement in Indian gaming, 

and the industry needs integrity and accountability. I am confident 

that you intend to ensure these principles are carried out in this 

industry. I appreciate your testimony and being here. I know you 

have a young son you said might be unruly for the Committee, but 

please tell him that we are very proud of his father and this nomination. 

Mr. CHAUDHURI. Thank you, sir. 

Senator BARRASSO. The gaming industry, as I said, needs integrity, as does the agency regulating the industry. The agency officials should comply with all applicable laws and ethics rules and 

be cognizant of public perceptions of agency integrity. The Committee must also examine potential conflicts of interest for nominees that we consider. I understand that you have been successful 

at gaming, personally have won significant amounts of money in 

past poker tournaments. And so I just ask that you please explain 

how you are going to avoid any conflicts of interest relative to your 

personal interests and success, including perhaps addressing any 

public perception there might be if you are confirmed by the agency. 

Mr. CHAUDHURI. Thank you, Vice Chairman. I think the big win 

that you may be referring to is the win that took place I think nine 

and a half years ago, or nine years ago, somewhere in that range, 

back in 2005. I enjoyed that. But frankly, I am very mindful of the 

importance of preserving public perception and public faith in a 

regulatory body. So I would never engage in gaming in a facility 

that we operate anyway. But just in an abundance of caution on 

my own, I have chosen, for the entire time I remain at NIGC, I am 

not going to be conducting any gaming activity personally in any 

facility. I am very sensitive to the perception issues that you 

raised. 

Senator BARRASSO. In our Committee hearing back in July, I 

think it was July 23rd, we talked and you testified that the Assistance, Compliance, Enforcement initiative, the ACE initiative, 

would be a guiding principle in fulfilling your agency’s regulatory 

role. You had mentioned a few metrics, such as a number of 

trainings conducted by the agency in place of, to measure the effectiveness of the ACE initiative. I know the Government 

Accountablity Office is also looking at this initiative. 

In the event that the initiative is not successful, then I ask, what 

will you do if confirmed to ensure that the agency still will be effective in fulfilling its regulatory role? 

Mr. CHAUDHURI. Thank you, Vice Chairman. Under IGRA, compliance is the goal. It is the goal of our agency as well as it is the 

goal of Indian Country regulators, tribes and tribal regulatory bodies. Whatever gets us there most effectively is what is important. 

26 

I am convinced, based on everything that I have seen and my experience with Indian Country, collaborative work on the front end 

is the most efficient way to get there. Frankly, with the over 5,400 

tribal regulators in the field who also have an interest in preserving and protecting the Indian Gaming Regulatory Agency, to 

me it just makes sense to leverage those relationships in a collaborative fashion. 

That said, at the same time, a line of one of my favorite poems, 

the author is kind of a mixed bag, but a line from that poem is, 

‘‘to dream and not make dreams your master, to think and not 

make thoughts your aim,’‘ the point is, I am practical. Whatever 

gets us to compliance, I am willing to tweak as time goes by. That 

said, I don’t think working hand in hand with tribes to get to compliance is by any means an impossible dream. I am convinced we 

will get there. We are getting there and we have been getting 

there. 

Senator BARRASSO. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Barrasso. 

I will take a little bit of Chairman privilege here and say, we 

have one more hearing next week, but Tim Johnson, you have been 

great on this Committee. We thank you for your leadership and we 

thank you for your service. 

Senator JOHNSON. Mr. Chaudhuri, one of the responsibilities for 

the NIGC is to ensure that tribes are recipients of gaming revenue. 

How does NIGC monitor this aspect of tribal gaming operations? 

Mr. CHAUDHURI. Thank you, sir. And thank you so much for your 

service to the Nation all these years. I was a little upset with my 

father that he didn’t tell me about that connection until the courtesy meeting you were so generous to extend. So thank you very 

much. 

Yes, ensuring that tribes are the primary beneficiaries of gaming 

is a fundamental pillar of the Indian Gaming Regulatory Act. We 

do that in a number of ways. We are very attuned and receptive 

to inquiries that come in from the field about the use of gaming 

revenue. However, our roles, we start and end with IGRA. Our responsibilities, we don’t issue revenue allocation plans. The Department of the Interior does. However, we do have an oversight responsibility to track the use of revenues and we do that through 

information coming to us through site visits and through our positive connections to tribal regulators. 

Senator JOHNSON. Looking forward, what will be some of the top 

issues facing Indian gaming and how will you approach each of 

those issues? 

Mr. CHAUDHURI. Thank you, sir. Let me expand on technology a 

little bit. Not only have tribes been technological innovators, but 

they have played a major role in developing protective technologies 

in the field. A major thrust of the front end work that we do in 

terms of working with tribes before there are regulatory issues that 

come into play involves training. We are committed to working and 

providing training and technical assistance to tribes and tribal regulators. In order to do that, we have to have internal technology 

capabilities to adequately provide those trainings. 

So we are investing in internal capacity. We just upgraded all of 

our infrastructure with the recent move. But we will continue to 

27 

maintain and recruit sufficient staff who can track industry 

changes and provide meaningful trainings. 

Senator JOHNSON. Can you explain how your experience serving 

on tribal courts has prepared you for the role of chair for the 

NIGC? 

Mr. CHAUDHURI. Thank you, sir. I am convinced that my judicial 

service has been and will continue to be my biggest professional 

asset. As a judge, you have to have a solemn commitment to the 

fair and unbiased application of the law. And you have to have a 

profound respect for the law and for order. 

The same is true as a regulator. We have our organic law that 

we are required to implement, the Indian Gaming Regulatory Act, 

as well as our own regulations. My role as Chairman involves first 

and foremost understanding the law, and understanding our regulations, but implementing them and applying them in a fair way 

with an eye toward the long term. To me, my judicial background 

has been directly relevant and will continue to be. 

Senator JOHNSON. Thank you. I yield back. 

The CHAIRMAN. Thank you. Senator Franken? 

Senator FRANKEN. Thank you, Mr. Chaudhuri, for your testimony. You brought up technology a number of times. Can you give 

me some overview of all the different ways that technology impacts 

Indian gaming, from the technology of the games themselves to the 

technology, you talked about training, to the technologies of vulnerability to hacking? Just give me an overview of the technological 

challenges that might come from internet gambling, in terms of as 

a challenge to Indian gaming. 

Mr. CHAUDHURI. Thank you, Senator. As I mentioned, I have 

been a big fan for many years in different capacities. 

[Laughter.] 

Mr. CHAUDHURI. Thank you. In terms of technology, there are 

impacts internally as an agency that I can discuss. But there are 

also external impacts. First of all, on the operations side of things, 

tribes have been innovators. So in terms of developing games, developing software, developing hardware that helps tribes meet 

their, or fulfill their regulatory or their lawful potential to game, 

tribes have been incredible innovators. An example my fellow Commissioner Little always brings up is the change machines that you 

see in almost any machine, an Indian gaming machine or non-Indian gaming machine. That was developed in Indian Country. 

So on the operations side, in order to maximize potential, lawful 

potential, tribes innovate on a daily basis. 

On the vulnerability side, in order to protect against 

vulnerabilities, since gaming is a financial industry, the protections 

available in existing software are, continue to be a major source of 

investment for tribes and tribal regulators. We have to track and 

be on top of the software that is out there. 

In terms of bureaucratically, making small tweaks to ensure that 

we do our job as an agency better, we have to be on top of technology. So for example, we just finalized a pilot project to allow all 

tribes to submit fees through pay.gov. And that was largely, we 

were able to do that largely because of some of the improvements 

we have made in the last year to beef up our technologies. 

28 

So operationally, in terms of maximizing profits, in terms of 

minimizing vulnerabilities as well as doing our job internally as an 

agency, technology affects and touches everything we do. I would 

like us to be a cutting edge smaller agency within the Federal family. 

Senator FRANKEN. Does the need to continually invest in technology ever jeopardize the revenue going to the tribes? 

Mr. CHAUDHURI. Well, we can’t control how tribes spend their 

operational resources or even their regulators’ resources. However, 

my personal opinion is that it is great bang for the buck in terms 

of investing in ongoing cutting edge technology. Certainly it prevents financial leakage in an operation and as we have seen in 

terms of the growth of the industry since IGRA was passed 25 plus 

years ago, technology walks hand in hand with maximizing market 

potential. That is my opinion. 

Senator FRANKEN. One last question. If you ever feel that NIGC 

lacks the authority or ability to properly protect the tool of economic development for Indian Country that is absolutely vital, I 

hope that you will speak up and let the Committee know. If confirmed, will you keep this Committee regularly updated on the 

state of Indian gaming, including threats and opportunities for it? 

Mr. CHAUDHURI. I will absolutely commit to that, Senator, and 

frankly, I would welcome and look forward to having an ongoing 

dialogue with the Committee. No bill is perfect; we do our best and 

I think we have wonderful tools available to us within IGRA. And 

I think our remarkable team does a great job performing its regulatory obligations. But any source of law is worth talking about as 

time goes on, and I am willing to engage in ongoing dialogue. 

Senator FRANKEN. Thank you. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you. Senator Begich? 

Senator BEGICH. Mr. Chairman, before I ask some questions to 

Mr. Chaudhuri, what is the idea at this point to finish the hearing 

then try to do this in the next couple weeks? Okay, so we will see 

a speedy result of the operation here. 

The CHAIRMAN. That is the hope. 

Senator BEGICH. Okay. I am just, because it took us this long to 

get it. I anticipate Congress, the minority and majority will work 

together to move this rapidly. 

The CHAIRMAN. We are not doing this for the exercise. 

Senator BEGICH. Okay. Good. I don’t really have a lot of questions, I just want to say thank you very much for your willingness 

to step up to this position even though you have been acting, but 

now to be in the formal position, I think you will do a great job. 

And I am a tournament poker player, so I kind of like that you 

have experience around that. That gives you a balance of approach. 

But again, I won’t add any more to what other members have 

said. It is an important commission, to make sure that revenue 

streams go to the tribes that are deserving and making sure the 

gaming situation occurs correctly in the States that allow it. As you 

know, our State does not allow it. But again, I want to thank you 

for your willingness to participate. 

And a special thank you to your family, because I know the travel and other activities that it will require will mean time away 

from your family. So I don’t really have a lot of questions, just to 

29 

say thank you very much for your willingness to do this and I look 

forward to seeing you approved. 

Mr. CHAUDHURI. Thank you Senator. Thank you for your service 

to the Nation as a whole, for all of Indian Country, but also on behalf of my family and my in-laws, on behalf of Alaska Natives as 

well. Thank you. 

The CHAIRMAN. Thank you, Senator Begich. I have one more 

question, then if Senator Barrasso or you have additional questions, we certainly would entertain those. 

There is a push out there for Internet gaming. There are big 

stakeholder decisions; big stakeholders that there could potentially 

big schisms regarding Internet gaming. I would like to know your 

thoughts on NIGC’s role, if any, in the regulation of Internet gaming conducted by tribes. If the tribe is operating Internet gaming 

off of servers located on tribal lands, would that fall under the tenets of IGRA? 

Mr. CHAUDHURI. Thank you, Chairman. Let me first say, as the 

only agency in the Federal family that exclusively, or that regulates any form of gaming, that exclusively is there, exists to regulate gaming, we have a very specialized set of skills as well as a 

very strong personnel team in place at the agency. I am absolutely 

confident that we have the capacity to adjust as necessary to any 

market-driven role or regulatory role that is given to us. I have just 

been honored to work with our team at the agency and I believe 

our team would be up for any challenges that are thrown at us. 

It is difficult to speak, and I definitely don’t want to be predecisional about anything, speak in the abstract about any games 

that aren’t before us as a commission. So whether or not a certain 

activity would fall within the regulatory scope of the NIGC, it is 

very fact-driven and I would hesitate to speak generally. 

However, I will say that even under the current language of 

IGRA, we take our regulatory role very seriously in terms of regulating gaming activity that takes place on Indian lands. And so regardless of what type of gaming is at play, under the current language of IGRA, we take our current regulatory role very seriously. 

The CHAIRMAN. So not to put words in your mouth, but if a tribe 

was operating Internet gaming on servers located on tribal land, do 

you believe you have the oversight? 

Mr. CHAUDHURI. There are different elements, and thank you for 

the question, Chairman. There are different elements of gaming 

that are clear under not just IGRA but supporting case law. Where 

the bet is made does matter, and where a bet is made affects part 

of our analysis. But without having a specific game proposal in 

front of me—— 

The CHAIRMAN. Okay, well, let me approach it from a different 

angle. There are a number of proposals that would place primary 

regulation of gaming within executive departments like Treasury 

or Commerce. Do you believe that tribal interests could be protected if the regulator was in Treasury or Commerce? 

Mr. CHAUDHURI. I have the upmost respect for colleagues at 

Treasury and Commerce. 

The CHAIRMAN. They are not being confirmed; you are. 

Mr. CHAUDHURI. Thank you, sir. I can speak best to the members 

of our team. In addition to having a longstanding sense of the place 

30 

that gaming sits in larger national policy, we have technical expertise within the agency that no other agency has. We have been regulating gaming ever since the inception of IGRA. And I would 

never speak to another agency’s capabilities or capacity, but I can 

speak to the NIGC’s. And we could handle whatever would be 

thrown at us, I am confident of that. 

The CHAIRMAN. All right. It may be a debate that comes up that 

you may be in the middle of. 

Senator Barrasso, anything else? 

Senator BARRASSO. No, thank you, Mr. Chairman. 

The CHAIRMAN. Well, with that, I want to thank you for being 

here today, Mr. Chaudhuri, to consider your nomination of Chairman of the National Indian Gaming Commission. We may issue follow-up questions in writing and would ask for prompt response if 

so, so that we can move forward with your nomination, as Senator 

Begich has requested. 

So with that, if there is no further comment, this Committee 

hearing of Senate Indian Affairs is adjourned. 

[Whereupon, at 4:38 p.m., the Committee was adjourned.] 

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