WASHINGTON, D.C. — The National Congress of American Indians (NCAI) sent a letter to Commodity Futures Trading Commission (CFTC) Chairman Michael S. Selig formally requesting government-to-government consultation with federally recognized Tribal Nations before the Commission takes final action on its proposed amendments to Rule 40.11 concerning event contracts and prediction markets.

The proposed rule could have significant consequences for Tribal sovereignty, Tribal regulatory authority, Tribal-state gaming compacts, and the governmental revenues on which Tribal Nations rely on to provide essential services. NCAI has asked the Commission to suspend further action on the rule until meaningful consultation has occurred.

“Tribal Nations are sovereign governments, not private industry interested parties in a federal rulemaking process,” said NCAI President Mark Macarro. “A public comment period does not replace the federal government’s responsibility to engage Tribal Nations through meaningful, timely, and good-faith government-to-government consultation.”

In its letter, NCAI expressed concern that the CFTC has not conducted dedicated consultation with Tribal Nations regarding the proposed rule. NCAI emphasized that Executive Order 13175 requires federal agencies to obtain meaningful Tribal input when proposed actions may affect Tribal sovereignty, self-government, or economic interests.

The letter also underscores that Tribal gaming revenues fund health care, education, public safety, housing, infrastructure, elder services, emergency response, and cultural and language preservation. Any federal action that could affect these revenues is not simply a commercial matter—it directly affects the ability of Tribal governments to serve their citizens.

NCAI requested that the CFTC conduct formal consultation, evaluate the proposed rule’s Tribal implications, include consultation materials in the administrative record, and ensure that any final regulatory framework recognizes and preserves Tribal sovereignty and regulatory authority.

NCAI stands ready to work with Chairman Selig and Commission staff to establish an appropriate consultation process before any final rule is adopted.

NCAI encourages Tribal Nations to submit their own letters to the CFTC formally requesting government-to-government consultation in support of NCAI’s request and to strengthen the administrative record regarding this rulemaking. A template letter is available that Tribal Nations may use to submit the request to the CFTC. If you have any questions or need additional information, please contact NCAI General Counsel Leonard Fineday at lfineday@ncai.org.

DOWNLOAD TEMPLATE LETTER HERE