Alaska Sues to Overturn Approval of New Tribal Gaming Hall in Birchwood

The State of Alaska has taken legal action against the federal government, filing a lawsuit in the U.S. District Court for the District of Columbia. 

The case challenges recent federal rulings that alter the long-standing interpretation of jurisdiction over Native allotments within the state.

At the center of the dispute is the federal government’s decision to recognize the Native Village of Eklutna’s authority over an individual Native allotment, the Ondola Allotment.

This decision, which cleared the way for gaming operations on the land, also ignited a lot of controversy over jurisdiction and state authority.

The timing of the lawsuit coincides with the rapid launch on January 20 of a gambling facility by the Native Village of Eklutna in Anchorage. 

Chin’an Gaming Hall, an Important Milestone for Tribal Sovereignty

In November 2024, Eklutna announced its plans to build a gambling hall near Anchorage and began clearing the land that would be used for the project, provided it received the green light.

The approvals for the Chin’an Gaming Hall came, and the assembling and launch of the gambling facility was done in record time to avoid potential regulatory setbacks from the Trump Administration.

However, the project, consisting of two connected trailers in a muddy lot near Peters Creek, has already drawn legal challenges from local residents who oppose its presence in their neighborhood.

Despite the opposition, Eklutna’s president, Aaron Leggett, described the launch as a landmark moment for tribal sovereignty. 

“Chin’an means ‘thank you’ in Dena’ina/Athabascan,” he explained, emphasizing that “safety and respect” for their neighbors and customers were their top priorities.

“It Is a Dream Coming True”

“I know this sounds cliché, but really, it is a dream coming true,” added Leggett right before the opening at the start of the week. “I’ve been hearing about this my entire adult life.”

The new casino that currently hosts 85 electronic bingo machines will be open daily in a temporary modular building off Birchwood Spur Road, next to the Birchwood Airport and a shooting range.

The facility will stay open until the legal uncertainty clears out, according to a tribe spokesperson.

While some community members remain wary, Leggett considers the gaming hall a crucial economic engine that will inject $67 million into the local economy while funding tribal programs, including housing, healthcare, job training, and cultural initiatives.

Not About Opposing Gaming

Alaska Attorney General Treg Taylor clarified that the state’s legal challenge is not about opposing gaming itself but rather about reaffirming Alaska’s jurisdiction over Native allotments. 

“We are asking the court to reaffirm what it has already said—the State maintains primary jurisdiction over Alaska Native Allotments,” Taylor stated.

The State argues that the federal government’s recent decision contradicts previous legal precedents and undermines the Alaska Native Claims Settlement Act (ANCSA) of 1971.

ANCSA was designed to resolve Indigenous land claims without establishing reservation-style territorial jurisdiction, apart from the Metlakatla Indian Community. 

Historically, the Department of the Interior (DOI) held that Alaska tribes did not have jurisdiction over Native allotments. 

However, a February 2024 legal opinion from the DOI’s Solicitor reversed this stance, prompting the National Indian Gaming Commission and Bureau of Indian Affairs to determine that the Ondola Allotment, a six-acre parcel in Chugiak leased to the Eklutna tribe, fell under tribal jurisdiction.

The legal battle follows a 2021 ruling from the same federal district court, which determined that Eklutna lacked territorial jurisdiction over the Ondola Allotment. 

Representatives for the gaming hall stated that a larger permanent building is planned for construction at the site next year. 

As the business expands, the tribe’s proposal envisions up to 1,000 gaming machines and two restaurants.