Federal Reversal Casts Doubt on Alaska Tribal Gaming Projects

Deputy Interior Secretary Kate MacGregor announced the reversal, arguing that the Biden-era legal opinion failed to represent the most accurate reading of the lawImage Source: Shutterstock.com

The US Department of the Interiorhas withdrawn a key legal interpretation that allowed Alaskatribesto operate casino-style gaming halls, putting the future of two newly established projects in limbo.

Eklutna and Tlingit-Haida Casino Plans Unclear After Interior Department’s Move

Deputy Interior Secretary Kate MacGregorissued the decision in a September 25 memo, stating that a Biden-era legal opinion did not reflect the best interpretation of applicable law. Her order requires the National Indian Gaming Commissionand other Interior officials to reassess prior approvals tied to that opinion, reported the Alaska Beacon.

At the center of the dispute are long-standing questions about whether Alaskatribescan exercise the same gaming rights as tribes in the Lower 48. The 1971 Alaska Native Claims Settlement Actreplaced most reservations with Native corporations and stripped tribes of nearly all federal trust lands. Although individual allotments were still permitted, the state has argued that these do not qualify as tribal jurisdiction.

That position was upended in 2022, when Interiorconcluded that Alaskatribescould, in some cases, exercise authority over allotment parcels. Relying on that interpretation, the Native Village of Eklutnaopened the Chin’an Gaming Hall outside Anchorageearlier this year, while the Central Council of the Tlingit and Haida Indian Tribesbegan work on a facility near Juneau.

Both projects now face uncertainty. Tribal leaders said they are evaluating next steps but pledged to continue asserting sovereignty. Eklutna President Aaron Leggettemphasized that Birchwood Hall remains open and continues to generate jobs and revenue. Tlingit and Haida President Richard Petersonsaid the new ruling had been anticipated and reaffirmed the council’s commitment to building economic opportunities for tribal citizens.

State Applauds Interior’s Choice as Tribes Get Ready for Court Battles

State officials, meanwhile, welcomed the reversal. Alaska Attorney General-designee Stephen Coxargued the decision restores the “jurisdictional balance” envisioned by Congress and upheld in past court rulings, describing Alaskaas a unique case within federal Indian law.

The change could also influence ongoing litigation. A federal appeals court is currently weighing a challenge by neighboring landowners to the Eklutna hall, while a separate lawsuit filed by the state remains paused pending that outcome. Legal observers expect the Juneauproject will also face challenges if construction moves forward.

Former Interior solicitor Bob Anderson, who authored the Biden-era opinion, criticized the reversal, noting that tribes in the Lower 48 have long operated under the same federal laws. He predicted that Alaskatribeswould continue to prevail in court.

For now, the Birchwoodfacility remains open, but the broader question of whether Alaskatribescan establish gaming on allotment lands is again unsettled, leaving both projects at the mercy of shifting federal interpretations and court decisions.