The National Indian Gaming Commission has approved plans for a casino-style tribal gaming hall proposed by the Native Village of Eklutna for a site near Anchorage.
The decision, published this month by the commission, follows an Interior Department decision in February that reinterpreted the legal status of Alaska Native trust land, reversing decades of precedent.
The gaming hall, which is expected to hold rows of electronic gambling machines, is similar to the Southeast Winds Casino in Metlakatla but would be a first in the state’s population center.
The facility wouldn’t host table games like blackjack or poker, because those aren’t allowed by state law, but it could host electronic versions of pull-tab and bingo machines.
“There’s still a few hurdles to clear, but we feel the major hurdles have been cleared,” said Eklutna Tribal Council President and Chair Aaron Leggett.
Speaking by phone, Leggett said that when built, the gaming hall will be “a huge benefit for the tribe” because of the money it will earn. The tribe has about 300 members, he said.
“Right now, we’re in dire need of housing. We’re trying to raise finance to construct a gathering center/office space for the tribe. 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.
The commission’s approval isn’t the final word on the gaming hall, which still has to undergo environmental review and construction.
There’s also the possibility of further legal action. Eklutna proposed its gaming hall more than 25 years ago, and its latest proposal involves building the hall on an 8-acre family allotment held in trust by the federal government.
In 2018, the federal government rejected that idea, saying the tribe didn’t hold jurisdiction over the allotment. Eklutna sued, and the state of Alaska joined the federal government in opposition. In 2021, a district court judge in Washington, D.C., ruled against Eklutna.
But this year, Interior Department Solicitor Robert Anderson released a new legal interpretation of existing law, saying the department now believes that family allotments may come under tribal jurisdiction if certain conditions are met.
Eklutna resubmitted its proposal to the National Indian Gaming Commission, which approved the tribe’s plans, citing the solicitor’s opinion.
The state, in legal filings related to a different lawsuit, has already expressed concerns with the solicitor’s opinion and could challenge the new approval as well.
Leggett said he thinks the tribe’s plans also could run into opposition from the state’s existing charitable gaming industry, which includes pull-tab parlors across the state.
For that reason, he said, he says he’s only about 80% to 85% certain that the gaming hall is fully ready to go forward without further obstacles.
“The way I like to put it, we’ve put the champagne on ice, but we haven’t popped the cork,” he said.
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