TO: Indian Gaming Association Member Tribes FROM: David Z. Bean, Chairman Jason Giles, Executive Director RE: URGENT TRIBAL ACTION ALERT: Call Your Senators Today – Vote NO on the CLARITY Act Date: September 14, 2026

URGENT TRIBAL ACTION ALERT: Call Your Senators Today – Vote NO on the CLARITY Act

The Indian Gaming Association, along with its partner organizations, have been meeting with members of the U.S. Senate in Washington, DC for months urging them to amend the Digital Asset Market Clarity Act (“CLARITY Act”) by including a provision in the bill to prohibit all forms of sports and casino-style gambling through prediction markets and affirm that nothing in the bill preempts Tribal, state, or federal laws including the Indian Gaming Regulatory Act (“IGRA”).

The CLARITY Act seeks to legitimize the cryptocurrency industry by setting regulatory guidelines for the Securities and Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (“CFTC”). Previous versions of the CLARITY Act would permit prediction markets to expand their sports and casino gambling to cryptocurrency.

Senator Cynthia Lummis (R-WY) released an updated version of the Clarity Act in response to concerns raised by several groups including the gaming industry, credit unions, and decentralized finance. Early today, the White House indicated it may be amenable to an ethics provision and more state regulatory involvement with Crypto. While we appreciate that Senator Lummis has acknowledged the legitimate concerns raised by Tribal Nations, the proposed changes in the text released yesterday do not come close to addressing the concerns of Indian Country.

IGA CHAIRMAN DAVID Z. BEAN STATEMENT

It is being reported that Senator Cynthia Lummis (R-WY) is releasing an updated version of the Clarity Act in response to concerns raised by several groups including the gaming industry, credit unions, and decentralized finance. We’d like to make it absolutely clear that Indian Country is opposed to this new version of the CLARITY Act.

While we appreciate that Senator Lummis has acknowledged the legitimate concerns raised by Tribal Nations, the proposed changes in the text released yesterday do not address the concerns of Indian Country.

If the Senator would have consulted with Indian gaming before issuing this draft, we would have told her that the proposed decentralized finance “fix” does not sufficiently address our concerns.

Moreover, and more importantly, the bill does nothing to rein in the CFTC. Instead, the CLARITY Act represents the largest expansion of CFTC authority since the 2010 Dodd-Frank bill. This expansion comes at a time when the CFTC is blatantly violating Tribal and State laws, its own regulations, and the clear intent of Congress by allowing gaming to occur on platforms such as Kalshi and Polymarket.

Until text is added to expressly provide that State, Tribal gaming laws, and the Indian Gaming Regulatory Act, are not preempted by federal commodities law, and that DCMs are not permitted to list contracts on sports betting or casino games, Indian County will continue to urge members to vote against the CLARITY Act and view its enactment as the greatest threat to Tribal Sovereignty in a generation.

CALL YOUR SENATORS TODAY!!! TELL THEM TO VOTE “NO” ON THE CLARITY ACT

The Indian Gaming Association calls on our Member Tribes to help us in this fight by making sure Indian Country’s voice is heard loud and clear: Please call your Senators today and tell them to “VOTE NO” the CLARITY Act cloture vote and protect Tribal sovereignty and the integrity of its largest economic driver.

Our collective efforts are gaining real momentum in State legislatures, courts, and public opinion. We ask you to remind your Senators that prediction markets are an existential threat to Tribal sovereignty and tribal government economies – and that Congress must act now to stop illegal online gambling through prediction markets.

The Senate may be in session for two additional weeks, and the House will be in recess after this week. Both chambers will be out by the end of this month to focus on the November elections. This cloture vote gives Tribal Governments a final opportunity to voice our opposition to prediction market sports betting.

It is unfortunate that neither the House nor the Senate bill protect tribal or state sovereignty and will further jeopardize tribal gaming and tribal government economies by failing to stop illegal sports gambling through prediction markets. The Clarity Act represents the only viable opportunity to address Indian Country’s concerns in the 119th Congress.

We urge every Member Tribe to contact your U.S. Senators today and make your position clear: VOTE NO on the CLARITY Act cloture vote.  Tribal leaders, governments, and advocates are especially encouraged to reach out directly to the following Senators, whose voices will be particularly important in this debate: Ruben Gallego (D-AZ); Martin Heinrich (D-NM); Ben Ray Luján (D-NM); Adam Schiff (D-CA); Angela Alsobrooks (D-MD); Josh Hawley (R-MO); Mike Rounds (R-SD); John Hoeven (R-ND); James Lankford (R-OK); Jerry Moran (R-KS); Susan Collins (R-ME); and Lisa Murkowski (R-AK).**

Indian Country must speak with one voice. Tell the Senate to protect Tribal sovereignty, protect Tribal government economies, and vote NO on the CLARITY Act.

Please contact Danielle Her Many Horses, Deputy Executive Director at dhermanyhorses@indiangaming.org  if you have any questions or concerns with this alert.