New Casino Coming to Alaska Following Federal Ruling

Article by : Erik Gibbs Aug 6, 2024

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The Native Village of Eklutna’s efforts to put a casino-style tribal gaming hall near Anchorage have paid off after a recent green light from the National Indian Gaming Commission (NIGC). This approval follows a decision by the Department of the Interior (DOI) earlier this year, which reinterpreted the legal status of Alaska Native trust land, causing a longstanding precedent to be overturned.

According to the release, visitors will be able to enjoy different rows of electronic gambling machines, a similar set to what Southeast Winds Casino in Metlakatla has established. However, it will be the first of its kind in the Railbelt region. State law prohibits table games like poker and blackjack which is why the facility will instead offer different bingo machines and electronic versions of pull-tabs.

Eklutna Tribal Council President and Chair Aaron Leggett expressed optimism about the project, noting that while there are still some challenges to overcome, the major obstacles have been cleared. He emphasized the significant financial benefits the gaming hall will bring to the Tribe, which has about 300 members.

The revenue generated from the gaming hall will be crucial for addressing the Tribe’s pressing needs, including housing and the construction of a gathering center and office space. Currently, the Tribe has limited infrastructure, and Leggett believes the gaming hall will stimulate development in the village, the surrounding area, and Anchorage.

Despite the commission’s approval, the gaming hall is not yet a done deal. The project still requires environmental review and construction, and there is the potential for further legal challenges.

The Tribe initially proposed the gaming hall more than 25 years ago, with the latest proposal involving an 8-acre family allotment held in trust by the federal government. Six years ago, the federal government turned down this idea, arguing that the tribe did not have jurisdiction over the allotment. Eklutna sued, but the Last Frontier sided with the federal government, and a district court judge in Washington, DC, ruled against Eklutna in 2021.

However, DOI Solicitor Robert Anderson issued a new legal interpretation, stating that family allotments could fall under tribal jurisdiction if certain conditions are met. Eklutna was then prompted to resubmit its proposal to the National Indian Gaming Commission (NIGC), which had no problems in approving the plans based on the solicitor’s opinion.

-Alaska has already raised concerns about the solicitor’s opinion in legal filings related to a separate lawsuit and may challenge the new approval. Additionally, Leggett anticipates potential opposition from the state’s existing charitable gaming industry, which includes numerous pull-tab parlors.

Due to these uncertainties, Leggett remains cautious about the project’s future, estimating an 80% to 85% chance of proceeding without further hurdles. Reflecting this cautious optimism, he remarked, “The way I like to put it, we’ve put the champagne on ice, but we haven’t popped the cork.”