A group of Anchorage-area residents has filed a lawsuit challenging the Native Village of Eklutna's (NVE) authority to build a casino, claiming the tribe lacks proper federal recognition to operate gaming facilities.

The lawsuit contends that NVE's federal recognition, granted in 1993 through a Federal Register listing by then-Assistant Secretary Ada Deer, was illegitimate because it wasn't approved by Congress. The plaintiffs argue this makes the National Indian Gaming Commission's (NIGC) recent casino approval invalid.

Local residents cite concerns about potential increases in crime, traffic congestion, and environmental impact from the proposed electronic bingo hall, planned for a location 20 miles outside Anchorage.

The legal challenge centers on complex jurisdictional issues stemming from the Alaska Native Claims Settlement Act (ANCSA). This act, predating the Indian Gaming Regulatory Act (IGRA), classified Alaska tribes as private corporations rather than sovereign nations. The lawsuit argues that NVE's land is an "allotment" under ANCSA, not "Indian land" as required by IGRA for gaming rights.

A significant turning point came in 2013 when the US Interior Department ruled that ANCSA doesn't prevent putting land into trust for Alaska Natives. While this led to NIGC's approval, the project still awaits final authorization from the Bureau of Indian Affairs. Despite this pending approval, NVE began land clearing in October.

NVE president Aaron Leggett dismissed the lawsuit's premise, stating that courts have repeatedly rejected the notion that there are no tribes in Alaska. Currently, Alaska has three Native bingo halls in its southwest region, operated by tribes that either opted out of ANCSA or received special administrative approval.

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