Alaska: NIGC grants approval for Eklutna Tribe gaming hall near Anchorage

The National Indian Gaming Commission has authorized the Native Village of Eklutna to proceed with plans for a casino-style gaming hall near Anchorage, Alaska. The move follows a February decision by the Interior Department that altered the legal interpretation of Alaska Native trust lands, overturning long-standing precedents.

The proposed gaming hall is designed to feature electronic gambling machines, akin to the Southeast Winds Casino in Metlakatla, though it will be a pioneering venture for the Railbelt region. Unlike traditional casinos, the facility will not offer table games such as blackjack or poker, as state law prohibits these. Instead, the gaming hall will provide electronic versions of pull-tab and bingo machines.

Eklutna Tribal Council President and Chair Aaron Leggett expressed optimism about the project’s potential benefits. “There’s still a few hurdles to clear, but we feel the major hurdles have been cleared,” Leggett said, as reported by Alaska Beacon.

He highlighted the significance of the project for the Tribe, which has approximately 300 members. When built, the gaming hall will be "a huge benefit for the Tribe" because of the money it will earn, he added.

The proposed gaming hall is expected to address pressing needs within the Tribe, including housing and infrastructure development. Leggett noted that the Tribe is currently seeking funding for a new gathering center and office space, as well as improvements to existing facilities.

“We have our small clinic, but we don’t have much in the way of any infrastructure … so we feel that this will spur development in the village, it’ll spur development in the area, and it’ll spur development for Anchorage too,” he said.

Despite the National Indian Gaming Commission’s approval, the project is not yet finalized. The gaming hall must still undergo environmental review and construction. Additionally, the approval may face further legal challenges. The Eklutna Tribe initially proposed the gaming hall over 25 years ago. The latest proposal involves constructing the facility on an 8-acre family allotment held in trust by the federal government.

In 2018, the federal government rejected the proposal, asserting that the Tribe did not have jurisdiction over the allotment. Eklutna subsequently sued, with the state of Alaska joining the federal opposition.

A district court judge in Washington, D.C., ruled against Eklutna in 2021. However, a recent reinterpretation of the law by Interior Department Solicitor Robert Anderson, which allows for tribal jurisdiction over certain family allotments, led to the approval by the National Indian Gaming Commission.

The state of Alaska has already expressed concerns about the new legal interpretation and may challenge the recent approval. Additionally, Leggett anticipates potential opposition from the state's charitable gaming industry, which includes pull-tab parlors.

Leggett said: “The way I like to put it, we’ve put the champagne on ice, but we haven’t popped the cork," indicating that while the project has cleared significant hurdles, uncertainties remain.