The Eklutna Tribe has operated its new casino outside Anchorage under the shadow of two separate lawsuits. A federal judge has dismissed one of those, filed by a group of property owners near the tribe’s casino in Birchwood.
With approval from the U.S. Interior Department, the tribe opened its Chin’an Gaming Hall on a Native allotment in February.
The property owners argued that the casino harmed the rural character of their neighborhood and claimed it would increase traffic, noise and raise the risk for water pollution. Their attorney, Don Mitchell, also challenged the Native Village of Eklutna’s status as a federally recognized tribe.
“Congress has never allowed a middle-ranking employee of the Interior Department to just wave a magic wand and create 200 Indian tribes, either in Alaska or any other place,” Mitchell said.
Mitchell is referring to Ada Deer, who served as Assistant Secretary of Interior during the Clinton administration. In 1993, she included Eklutna in a list of Alaska tribes to eliminate any doubt that they have the same status as tribes in the Lower 48. Numerous court cases have tried and failed to invalidate this decision. In a ruling on Friday, June 27, U.S. District Judge James Robart said the Eklutna lawsuit should be dismissed in “equity and good conscience.”
In a statement, Aaron Leggett, the president of the Native Village of Eklutna called the ruling a significant step forward, because it affirmed an important principle to the tribe -- that its rights are firmly rooted in the land.
Tribal legal experts like Michelle Demmert says even one challenge to an Alaska tribe’s legitimacy threatens them all. They also consume time, energy and precious dollars, she says.
“Time and time again, the law is clear in these areas that continue to be challenged,” said Demmert, an attorney in the Tribal Governance Program at the University of Alaska Fairbanks. “If the argument was that the Eklutna tribe is not a tribe, there’s legal precedent. There’s federal law that says, ‘They are.’”
Mitchell disagrees that the federal law and courts have been clear on tribal jurisdiction in Alaska.
Depending on what the neighboring property owners decide, Mitchell says an appeal could be the next step, because the judge delivered a second blow to his case on Monday. Mitchell had asked the judge to reconsider his ruling, a motion he quickly rejected.
The tribe also faces another federal lawsuit, this one brought on by the Alaska Attorney general. It also aims to shut down the casino and contests the tribe’s authority over the land the gaming hall was built on land that was conveyed to the Ondola family under the Alaska Native Allotment Act of 1906.
The Chin’an Gaming Hall sits on about eight acres near the Birchwood Airport, which the tribe has leased from the heirs of the Ondola family. During the Biden administration, the Interior Department reversed course on an earlier decision that said Native allotments in Alaska could not be considered “Indian Country.” This step cleared the way for the casino’s approval.
Since the gaming establishment opened, it’s seen brisk business, sometimes with long lines waiting to enter. Chin’an means thank you in the Dena’ina language. For now, it’s a small gambling operation in a temporary building limited to electronic gaming. The Native Village of Eklutna hopes to build a permanent facility, so it can add restaurants and expand its operations. The tribe hopes to use the money to create jobs for its members and fund social and economic development programs.
