The U.S. Department of the Interior officially withdrew the legal opinion M-37079 issued during the Trump administration on September 25, leading to the suspension of two major tribal gaming projects in Alaska. The affected projects include the 58,000 square foot permanent casino planned by the Eklutna Native Village in Birchwood, and the gaming hall located on Douglas Island by the Tlingit and Haida Indian Tribes. These projects were previously advanced under the 2024 Biden-era opinion that expanded tribal jurisdiction, but construction of permanent facilities has been paused following the withdrawal of the opinion, while temporary casinos continue to operate. The projects face legal challenges and state government opposition, with their future depending on the federal agencies and courts' final interpretation of the withdrawal decision.
Federal Decision and Project Background
The U.S. Department of the Interior withdrew the legal opinion M-37079 on September 25, a document originally issued by the Trump administration concerning the jurisdictional issues of tribal gaming in Alaska. The withdrawal decision directly impacts two significant tribal gaming development projects in Alaska.
These projects were previously advanced under a 2024 opinion from the Biden era, which expanded the tribes' jurisdiction over Alaska Native allotments, enabling the National Indian Gaming Commission (NIGC) to approve tribal gaming ordinances.
Details of the Eklutna Tribal Project
The Eklutna Native Village plans to construct the 58,000 square foot Chin'an Gaming Hall near Birchwood Airport, expected to house hundreds of electronic gaming machines and at least two restaurants. The tribe has promoted this project as a significant economic driver, estimating annual revenues of $70 million.
The tribe launched a temporary gaming hall in January 2025, consisting of six modular units equipped with about 85 electronic bingo machines, which is still in operation, employing about 30 staff members.
Impact on Douglas Island Project
The withdrawal decision also affects the casino project of the Tlingit and Haida people on Douglas Island, located at the Jimmy George allotment. Tribal ordinances were approved by the NIGC in January 2025, under the Biden-era opinion, as one of the first development projects to be advanced.
Tlingit and Haida officials stated they anticipated this change, are conducting an internal review, and are committed to continuing to exercise tribal sovereignty.
Current Status and Tribal Response
Following the withdrawal of the opinion, construction of the permanent hall in Eklutna has been paused. Tribal Chairman Aaron Leggett stated: "We have already begun clearing the site, hoping to start construction of the permanent facility as soon as we can clarify what this new federal ruling means."
The temporary hall continues to operate, with a growing local customer base. Leggett emphasized: "We remain open and hope to keep it going for generations."
Legal Challenges and Litigation Status
The Birchwood project has faced two lawsuits: one brought by residents opposing the project, and another filed by the state government in February 2025, accusing federal agencies of overstepping their authority. The Ninth Circuit Court of Appeals is currently reviewing one of these cases.
Anchorage attorney Don Mitchell, representing local residents, called the memorandum's withdrawal a "positive development," hoping regulatory agencies will revoke approval and "cut the power to its machines."
State Government Stance and Support
Alaska Attorney General Stephen Cox appreciated the federal decision, stating it "restores the judicial balance repeatedly confirmed by Congress and the courts." The state government has long argued that the 1971 Alaska Native Claims Settlement Act eliminated most tribal jurisdiction.
The state government's stance directly conflicts with tribal development goals, reflecting the longstanding division between federal and state authorities over tribal jurisdiction issues.
Economic Impact and Tribal Needs
Eklutna leaders emphasize that casino revenue is crucial for tribal projects, including housing, employment, and education. Leggett noted: "This not only allows us to develop our people but also allows our community to grow and thrive."
Without permanent facilities, many tribal projects will become "decades-long" plans rather than short-term achievable realities, severely affecting the tribal community's development process.
Future Outlook and Uncertainty
Currently, the Birchwood and Douglas Island projects remain active within a limited scope, but their long-term future depends on how federal agencies and courts interpret the Department of the Interior's decision to withdraw.
The fate of the projects is closely linked to the federal government's final stance on tribal jurisdiction in Alaska, awaiting further legal and policy clarification.
Historical Background and Legal Framework
The 1971 Alaska Native Claims Settlement Act established a unique land management system for Alaska Natives, different from the Indian reservation system in the continental United States. This difference has become the historical root of the current jurisdictional disputes.
Federal interpretations of tribal jurisdiction have varied over different periods, directly affecting the autonomy and economic development capabilities of Alaska tribes.
Tribal Autonomy and Economic Development
Tlingit and Haida Tribal Chairman Richard Peterson stated that the tribes "continue to conduct internal reviews and will continue to commit to exercising tribal sovereignty to uphold sovereignty, enhance economic and cultural resources, and promote self-sufficiency and autonomy among tribal citizens."
This statement reflects the ongoing pursuit of autonomy and economic development by Alaska tribes, despite facing legal and policy challenges.
