Tlingit and Haida gambling hall may be halted due to Trump’s Interior Dept. reversing Biden-era ruling
- Mark Sabbatini
- 2 hours ago
- 3 min read
Local tribal government ‘anticipated’ and is reviewing decision nullifying Indian Gaming Commission’s actions involving tribal jurisdiction, council president says
By Mark Sabbatini
Juneau Independent
Legal authorization appears to have been revoked by the Trump administration for a casino-like gambling hall being constructed near Eaglecrest Ski Area by the Central Council of the Tlingit and Haida Indian Tribes of Alaska, although the council’s president said Monday the decision was anticipated and is under review.
A decision overruling a Biden-era ruling by the U.S. Department of the Interior’s solicitor at the time was issued Thursday by current Deputy Secretary Katharine MacGregor. It applies to a ruling cited by the National Indian Gaming Commission (NIGC) when it authorized an amended gaming ordinance adopted by the tribe in October of 2024.
Construction of the gambling hall is underway on a 20-acre parcel of land owned by Tlingit and Haida about a mile from the ski area. Documents show the tribe plans to operate a Class II gaming establishment, which can offer non-house-banked card games and slot-like machines where payouts come from a pool of competing players (much like bingo, which is also permitted), but games like poker, blackjack and traditional slot machines are not allowed.
The NIGC’s approval of the ordinance was based on Tlingit and Haida demonstrating it exercises significant government authority over its land allotments, in accordance with the now-overturned ruling. The council submitted evidence of education, law enforcement, emergency management and other operations on its properties in Juneau and elsewhere to meet that standard.
MacGregor, in her reversal, wrote she reviewed the Biden-era ruling and "it has been determined that it does not reflect the best interpretation of applicable law." As such, "any Department action, including any action by the National Indian Gaming Commission, taken in reliance on (the previous solicitor’s opinion) should be reevaluated in accordance with the revocation."
That statement suggests the authorization by the gaming commission for the Tlingit and Haida facility remains in effect pending such a reevaluation.
Tlingit and Haida President Chalyee Éesh Richard Peterson, in an email statement to the Juneau Independent on Monday, said the impact of MacGregor’s decision on the gaming hall is unknown and being reviewed.
"Tlingit & Haida is aware of the U.S. Department of the Interior action to withdraw the solicitor's decision," the email states. "We also anticipated the action. We are reviewing internally and remain committed to our exercising our Tribal sovereignty to preserve sovereignty, enhance economic and cultural resources and promote self-sufficiency and self-governance for Tribal citizens."
MacGregor’s opinion was prompted by another Alaska Native gaming facility operated by the Native Village of Eklutna that opened in January, with the state of Alaska filing a lawsuit in February to shut down the casino. Gov. Mike Dunleavy’s administration asked the Interior Department to overturn the gaming commission’s ruling authorizing that facility. The Dunleavy administration also previously legally challenged an effort by Tlingit and Haida to obtain "Indian country" sovereignty rights to a parcel of tribal land in downtown Juneau.
The Alaska Department of Law, in a statement Friday, declared "we are encouraged that Interior has returned to a position grounded in Alaska’s unique history."
"For more than 30 years, Interior maintained that federally recognized tribes in Alaska generally lack territorial jurisdiction over Alaska Native allotments," the statement notes.
• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.
