Published on: October 1, 2025, 05:30h.
Updated on: October 1, 2025, 05:30h.
- Federal Interior Department’s reversal threatens future of Alaska tribal casino ventures.
- Eklutna gaming hall remains operational despite new legal interpretations.
- Tlingit & Haida reaffirms sovereignty following challenges in Juneau.
Last week, the US Department of the Interior stealthily overturned a legal opinion from the Biden administration that enabled Alaska tribes to establish casino-style gaming facilities on Native allotment territories.
This new legal position casts doubt on various tribal casino initiatives, such as the Chin’an Gaming Hall of the Native Village of Eklutna, which is currently operational.
In a memo from September 25, Deputy Secretary MacGregor stated that an earlier solicitor’s opinion from the previous administration did “not represent the best interpretation of applicable law” and instructed the department along with the National Indian Gaming Commission (NIGC) to reassess decisions made based on that guidance.
Alaska’s Unique Legal Landscape
The Eklutna tribe has faced years of challenges trying to establish a modest bingo venue, constrained by laws that differentiate the legal status of Alaska tribes from their counterparts in the rest of the US.
According to the Indian Gaming Regulatory Act (IGRA), federally recognized tribes in the “Lower 48” can conduct class II gaming activities, such as electronic bingo parlors, on their own lands without the need for state endorsements, provided that similar forms of gambling are permitted within that state.
Conversely, the Alaska Native Claims Settlement Act (ANCSA), enacted before IGRA, transformed Alaska tribes into state-chartered corporations, effectively limiting their recognition as sovereign governments and restricting their ability to conduct gaming operations.
The Biden administration had previously addressed these issues, with a legal opinion in November 2022 concluding that ANCSA did not preclude the federal government from taking lands into trust for Alaska Natives. This opened the door for the NIGC to green-light the casino plans.
However, since this policy was based on a legal opinion rather than congressional legislation, the Trump administration was able to overturn it easily—a move that Alaska Governor Mike Dunleavy (R) had advocated for.
Potentially Detrimental Impacts
The recent policy reversal may have severe consequences—not only for Eklutna but also for the Tlingit & Haida Indian Tribes, who have started the development of a bingo hall near Juneau.
The Tlingit & Haida stated that they are assessing the implications of this new opinion while continuing to uphold their commitment to Tribal sovereignty, aiming to enhance economic and cultural resources and support self-sufficiency for Tribal citizens.
Aaron Leggett, President of the Native Village of Eklutna, reaffirmed that their gaming hall “remains open for our visitors and continues to deliver significant benefits to our Tribe, neighboring community, and our state.”
Former Interior solicitor Bob Anderson, who issued the previous Biden administration’s opinion and now resides in Anchorage, criticized the new stance as “incorrect.”
“This has been the prevailing law in the Lower 48 for ages, and Alaska is a part of the United States, where the same federal laws apply, just as they do in other states,” Anderson noted. “Therefore, I remain confident that we will continue to prevail regarding these issues.”