Published on: October 3, 2024, 04:56h.
Last updated on: October 3, 2024, 04:56h.
Alaska’s Eklutna Tribe has initiated land clearing for what is anticipated to be Alaska’s second casino, as reported by The Anchorage Daily News.
The tribe has been seeking to construct an electronic bingo hall on its land located 20 miles outside Anchorage. For years, they were restricted by Alaska laws that limited the sovereignty and gaming rights of indigenous people.
They are now looking to take advantage of a February 2024 DOJ opinion that granted more rights to Alaska Natives over their lands.
Plans for a Moderate Facility
In May, the federal National Indian Gaming Commission (NIGC) approved the Eklutna’s casino proposal, a reversal from its stance under the Trump administration. The tribe is now awaiting approval from the US Interior Department’s Bureau of Indian Affairs.
We have started clearing a small portion of land on our proposed project site, although there are still obstacles in our decades-long journey to potentially open a gaming hall,” stated Aaron Leggett, president of the Native Village of Eklutna. “We aim to collaborate with all stakeholders to ensure that this potential facility is a beneficial project in every aspect.”
Anthony Marnell, CEO of Las Vegas-based casino development company Marnell Companies, the tribe’s partner on the endeavor, mentioned that the casino would launch with 350 to 500 class II gaming machines and could expand in the future, possibly accommodating up to 700 machines.
Challenges to Sovereignty
Alaska Natives, such as the Eklutna tribe, have a distinct legal status compared to indigenous people in other parts of the US due to the Alaska Native Claims Settlement Act (ANCSA) of 1971.
The Act granted tribes land and financial compensation while also categorizing them as private corporations rather than sovereign nations with independent powers.
Under the Indian Gaming Regulatory Act (IGRA) of 1988, a tribe must exert governmental authority over its land to have gaming rights, and the federal government previously argued that the Eklutna did not meet this criterion.
Alaska’s only existing electronic bingo hall is owned by the Metlakatla Indian Community, which opted out of ANCSA.
Implications of the Change
This paradigm shifted when US Interior Department Solicitor Robert Anderson determined that tribal authority should extend to land allocated to Alaska Natives if it was not “geographically separated from the tribal community.”
Leggett expressed hope of receiving feedback from the Bureau of Indian Affairs by December.
“As a small tribe, we have faced challenges for decades in establishing a robust tribal economy to support our people and enhance our role as a supportive community partner,” he explained. “Our proposed gaming facility represents a significant opportunity to achieve these objectives.”