Is there a casino coming to the Chugiak-Eagle River area?

There could be if the Native Village of Eklutna realizes the rumored plans to build a gaming center somewhere near the Birchwood Airport.

Eklutna tribal president Dorothy Cook and tribal administrator Dan Alex are silent about the topic, referring all questions to their attorney about the possibility of constructing a casino or gaming center on 8.5 acres of village land.

Attorney Marissa Flannery, who represents the Native Village of Eklutna, said her firm (Sonosky, Chambers, Sachse, Miller and Munson) is working with the village on an economic development project, but would not comment on questions that involved gambling or an Indian gaming permit.

However, the silence of both the village leaders and their attorney has not kept residents and elected officials from buzzing about the potential impact such a development will have on the community.

Rep. Bill Stoltze, who lives near the airport, is among those wanting answers.

“Eklutna had its attorney come by my office and tell us about their plans for electronic gaming, but I have a lot of concerns about the possible expansion of the gambling and gaming regulations that we have in the state now,” he said. “I understand the Village of Eklutna wanting to diversify its economy, but gambling is a whole other issue.”

Stoltze added he was told Eklutna would be seeking a Class II gaming permit from the National Indian Gaming Commission, which governs gambling on Native and Indian lands.

“I respect Eklutna for being forthcoming and letting us know their intentions,” he added. “But there are a lot of questions people will want answered before this becomes a reality.”

The parcel of land in question was originally claimed by a member of the village as part of the 1906 Alaska Native Allotment Act, which allowed the Natives over the age of 21 to stake claims of up to 160 acres as a homestead.

As part of the allotment, the land is not governed by Alaska Native Claims Settlement Act. Instead, it is considered Indian Country, meaning gambling is allowed if the land is owned by a member of a federally recognized tribe, such as Eklutna.

According to federal statutes, Indian Country includes all Indian allotments, the Indian titles to which have not been extinguished, are within the jurisdiction of a federally recognized Indian tribe, and not part of ANCSA.

The Indian Game Regulatory Act was created following the 1988 landmark U.S. Supreme Court decision in California v. Cabazon Band of Mission Indians, which held that the state of California had no authority to apply its regulatory statutes to gambling activities conducted in Indian Country.

Since then, Indian casinos have opened throughout the country, funneling money into tribal housing and medical and education programs.

The land in question is not owned by Eklutna Inc., one of the Native corporations formed following the passage of ANCSA. Eklutna Inc. is one of the largest landowners in the municipality, however they are not involved with this project according to Curtis McQueen, director of corporate affairs.

“We share a name and our shareholders are members of the Village of Eklutna, but we're different entities,” McQueen explained. “Eklutna Inc. is the Native corporation, and the village is just that, the village.”

McQueen indicated that Eklutna Inc. is not involved in any plans for a casino.

“We cannot be part of it,” he said. “Federal and state laws don't allow for us to be involved.”

As a federally recognized tribe, the Village of Eklutna appears to qualify for the Indian Country designation.

“If they get approval from the National Indian Gaming Commission, there would be no requirement for a state gaming permit or that the state be informed,” Stoltze said. “There is a lot of uncertainty, since it would not be done through the state or even local government. With all the possible problems associated with gambling, there should be some local oversight.”

However, Anchorage attorney Don Mitchell, who formerly represented the Alaska Federation of Natives, said having the site declared Indian Country could be a challenge.

“In the Venetie ruling (Alaska v. Native Village of Venetie Tribal Government), the Supreme Court held that lands owned by a tribal government under ANCSA did not constitute Indian Country,” Mitchell explained. “If the land is considered to pass that standard as part of the Native Allotment act, Eklutna (Village) must still show that it has governmental jurisdiction over the property.”

If the land is recognized as Indian Country and the village leadership submits the application for an Indian gaming permit, Anchorage Mayor Mark Begich has several concerns.

“Eklutna has been talking about gambling and gaming operations for almost 20 years,” Begich said. “Until they make an official application with the Indian Gaming Commission, everything is hypothetical. But if they do, I'm concerned with the social impact on the community and what the city's role would be in the permit process.”

Begich added he understands it could take between 14 to 18 months for the permit application to be approved if Eklutna does apply for one.

“That would give us time to hire a professional who understands Indian gaming in an advisory role,” Begich said. “I'd like to know how we can be involved in the process, and how we can address the public safety, social, traffic and other community concerns.”

Reach the reporter at darrell.breese@alaskastar.com.

This article published in The Alaska Star on Thursday, April 5, 2007.