In a major legal development, the state of Alaska has filed a lawsuit against the U.S. Department of the Interior, challenging a legal opinion that allowed the Native Village of Eklutna to open a federally regulated gaming hall. The state argues that this opinion was “unfair” and “not in line with the law.”
The lawsuit, filed recently in Washington, D.C., seeks to shut down the Eklutna gaming hall, which has been operating near Anchorage since January. If the court sides with the state, it could also have a larger impact on the authority of Alaska’s 229 federally recognized tribes, limiting their control over millions of acres of land.
Background of the Case
The case revolves around land allotments given to Alaska Native individuals by the federal government. These parcels, which are up to 160 acres in size, have been held in trust for individual Native families for decades. Historically, the state of Alaska has argued that these allotments are not considered “Indian country” and should not be governed by tribes, as reservations are.
However, the Native Village of Eklutna and other tribes have long challenged this idea. In 2021, a court ruled that these allotments were not considered tribal land for purposes like operating a gaming hall. But in early 2024, the Department of the Interior, under the Biden administration, changed its legal opinion on the matter. This shift allowed Eklutna to proceed with its plans for the gaming hall.
Impact of the Lawsuit
If the court rules in favor of the state, it could mean that all Alaska Native tribes would lose the ability to exercise jurisdiction over the land held in trust for them by the federal government. This would be a major blow to tribes in the state, as they would lose out on not just economic development opportunities like the gaming hall, but also the ability to manage their land and resources.
The state argues that this case is about maintaining its control over these lands. Alaska Attorney General Treg Taylor stated, “This challenge isn’t about gaming. It’s about jurisdiction over lands.” He emphasized that the state believes it should have the primary authority over Alaska Native allotments, instead of allowing tribes to have more control over them.
The Eklutna Tribe’s Response
The Native Village of Eklutna is disappointed by the state’s decision to take them to court. The tribe has emphasized that the gaming hall provides significant economic opportunities for their members. According to Aaron Leggett, president of the tribe, over 60% of the employees at the Chin’an Gaming Hall are Eklutna Tribal members. He stated that the legal challenge is an unnecessary burden, adding financial strain to the tribe and its members.
Leggett also pointed out that the gaming hall has been a positive development for the local community, with Eklutna members working alongside their neighbors. He called the lawsuit “time-consuming” and argued that it adds more barriers to economic growth for the tribe.
Ongoing Legal Battles and Future Implications
This lawsuit is part of a wider trend of legal challenges by the state of Alaska against the powers of Native tribes. In the past, Alaska Native land was primarily controlled by Native corporations, which are not sovereign governments. This has led to ongoing legal battles over the authority of Alaska’s tribes.
The issue of land jurisdiction is also at the heart of a separate lawsuit that is currently being heard in the 9th Circuit U.S. Court of Appeals. This case involves the right of Alaska Native tribes to place land into federal trust, allowing them to manage it as they see fit. While a judge ruled in favor of the tribes last year, the state continues to challenge this decision.
As the political landscape shifts with the potential for a second term of former President Donald Trump, it remains to be seen how federal policies regarding Native land rights will evolve. The Biden administration has strongly supported the rights of tribes to manage their lands, while the Trump administration was opposed to such actions. This ongoing battle could have long-term consequences for Alaska Native tribes and their ability to assert control over their land and resources.
Conclusion
The lawsuit filed by the state of Alaska against the Department of the Interior is a significant legal challenge with broad implications for the authority of Alaska Native tribes. While the Native Village of Eklutna hopes to continue operating its gaming hall and expand its economic opportunities, the state is focused on maintaining its control over Native lands. This case is just one example of the larger legal battles taking place regarding the sovereignty and jurisdiction of Alaska’s Native tribes.
(Source : newsbreak.com)
