Federal Reversal Puts Alaska Tribal Casinos in Legal Jeopardy

December 04, 2025

A Biden administration court ruling that permitted Alaska tribes to establish casino-style gaming halls on Native allotment lands was subtly overturned by the US Interior Department this week.

The new ruling casts doubt on a number of tribal casino projects, including the already-open Chin'an Gaming Hall in the Native Village of Eklutna, which is close to Anchorage.

Deputy Interior Secretary Kate MacGregor ordered the department and the National Indian Gaming Commission (NIGC) to reconsider decisions made under the previous administration's solicitor's opinion, stating in a memo dated September 25 that it "did not reflect the best interpretation of applicable law."

Alaska's Distinct Legal Position

For years, the Eklutna tribe has been attempting to build a small bingo hall, but they have been thwarted by regulations that give Alaska tribes a different legal position than tribes in the rest of the United States.

Federally recognized tribes in the "Lower 48" may operate class II gaming establishments, such as electronic bingo halls, on their own property without state approval under the Indian Gaming Regulatory Act (IGRA), provided that similar types of gambling are legal in that state.

However, the Alaska Native Claims Settlement Act (ANCSA), which was passed prior to IGRA, essentially limited the tribes' standing as sovereign governments by reorganizing them into state-chartered corporations, which affects their ability to provide gambling.

That was altered by the Biden administration.  According to a DOI legal opinion from November 2022, the ANCSA did not forbid the federal government from placing land in trust for Alaska Natives.  This made it possible for the casino to be approved by the federal National Indian Gaming Commission (NIGC).

Alaska Governor Mike Dunleavy (R) has asked the Trump administration to repeal the policy, which was relatively easy to do because it was based on a judicial decision rather than legislation passed by Congress.

Possibly catastrophic

The Tlingit and Haida Indian Tribes, who have already started building a bingo hall close to Juneau, as well as the Eklutna, could suffer greatly from the reversal.

Tlingit & Haida said in a statement that it was reviewing the new opinion but remained “committed to exercising our Tribal sovereignty to preserve sovereignty, enhance economic and cultural resources and promote self-sufficiency and self-governance for Tribal citizens.”

Aaron Leggett, President of the Native Village of Eklutna, said that its tribal gaming hall “remains open for our guests and continues to provide meaningful benefits to our Tribe, the surrounding community, and our state.”

Former Interior solicitor Bob Anderson, who issued the Biden-era opinion and now lives in Anchorage, told KNBA News that the new opinion was “wrong.”

“It’s been the law in the Lower 48 forever, and Alaska is part of the United States, and the same federal laws apply here, as they do everywhere else,” Anderson said. “So, I’m fairly confident that we’ll continue to prevail on these questions.”