Federal Reversal Raises Uncertainty for Alaska Tribal Gaming Projects

The U.S. Department of the Interior has thrown a significant curveball into the trajectory of Alaska tribal gaming enterprises. On September 25, Deputy Interior Secretary Kate MacGregor issued a memo revoking a pivotal legal interpretation that had previously cleared the way for Alaska tribes to operate casino-style gaming halls. This Biden-era opinion was rescinded on the grounds that it did not align with the Department’s most accurate reading of applicable law. As a result, the National Indian Gaming Commission and other Interior officials are now tasked with re-evaluating past approvals that hinged on this interpretation, as reported by the Alaska Beacon.

This abrupt policy reversal raises larger questions about the scope of gaming rights for Alaska tribes in comparison to those in the Lower 48. Central to this issue is the 1971 Alaska Native Claims Settlement Act, which dismantled the majority of reservations and transferred most federal trust lands to Native corporations, leaving tribes with limited jurisdiction over individual allotments. The Interior’s 2022 conclusion that allowed Alaska tribes to exercise authority over some allotment parcels had sparked hope and action—culminating in projects like the Native Village of Eklutna’s Chinan Gaming Hall near Anchorage and the Central Council of the Tlingit and Haida Indian Tribes

The tribal leaders are undeterred, vowing to uphold their sovereignty despite the recent legal reversal. Eklutna President Aaron Leggett has been outspoken about the importance of Birchwood Hall, emphasizing its role in creating jobs and generating revenue for the community. Likewise, Tlingit and Haida President Richard Peterson has reiterated his commitment to fostering economic opportunities, declaring that the recent legal setbacks had been anticipated by the council. They remain resolute, signaling that the quest to secure gaming rights and economic independence for their communities is far from over.

State officials, however, have welcomed the Department’s decision. Alaska Attorney General-designee Stephen Cox articulated that the reversal restores the “jurisdictional balance” intended by Congress and upheld in past court rulings. He pointed to Alaska’s unique status within the realm of federal Indian law as a validating factor behind the decision. The ramifications of this reversal could extend beyond policy; ongoing litigation is likely to be influenced. For instance, a federal appeals court is deliberating over a challenge by neighboring landowners to the Eklutna hall, while a separate lawsuit by the state is on hold pending that outcome. Legal experts suggest that the Juneau project will face similar hurdles if it moves forward with construction, making