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laska’s tribe Eklutna has for years pursued a plan to build a tribal gaming hall about 20 miles north of downtown Anchorage, Alaska, arguing that the project would support jobs, tourism, and the economy, however, a federal district judge ruled against it on Wednesday.
Judge Dabney L. Friedrich with the District Court for the District of Columbia determined that the agency properly came to a “rational” decision, according to Friedrich’s 24-page ruling.
“Though the Tribe may not agree with Interior’s application of law to the facts at hand, the record shows that Interior made a reasoned judgment which the court will not second-guess,” Friedrich, wrote in the decision.
Aaron Leggett, president of the tribe, said Wednesday afternoon it was too early to provide a detailed comment on the newly issued decision. “Of course it’s a disappointment,” he said. “But as I said, it’s pretty fresh. So we’re reviewing our options.”
The state has often opposed attempts by tribal governments to exercise jurisdiction, citing fears that such a situation could lead to a patchwork of conflicting laws, however, the Eklutna tribal government, representing about 300 members, argued that it exercises governmental authority over the allotment through land management and environmental protection.
According to the Eklutna tribe’s plans, the gaming facility would not host blackjack, slot machines, and similar Vegas-style games permitted by “Class III” gaming under federal law, games which are not authorized under state law but would limit activity to “Class II” gaming, pull-tabs, bingo and lotteries, which could include electronic versions of those games.
In 2016, the tribe asked the Bureau of Indian Affairs to permit the operation on the parcel, located about seven miles southwest of the village, according to Wednesday’s decision. However, in 2018, Interior Acting Assistant Secretary John Tahsuda determined that tribal jurisdiction over the allotment did not exist, in part because there was never an Indian reservation near the allotment.
In the same year, the U.S. Interior Department concluded that the tribe does not have jurisdiction over the 8-acre allotment, even though it is owned by members of the tribe. The tribal government sued in 2019, challenging that decision.
Alaska’s tribal governments are sovereign but have little or no land on which to exercise their laws. ‘Indian Country’, as it is formally known, is limited to Metlakatla in remote Southeast Alaska, the state’s only Indian reservation, and more than 16,000 small family allotments held in trust by the federal government, reports the Anchorage Daily News.
Original article: https://www.yogonet.com/international//noticias/2021/09/24/59439-alaska-federal-judge-rules-against-tribal-governments-bid-to-open-a-casino
