TRIBAL GAMING
The Impact of Historic Land Acquisition on Tribal Gaming In Alaska A 2022 OPINION FROM THE DEPARTMENT OF THE INTERIOR COULD HAVE A PROFOUND EFFECT ON THE ABILITY OF ALASKAN TRIBES TO OPEN TRIBAL CASINOS. MARSHA COTTON AND HEIDI MCNEIL STAUDENMAIER REPORT.
Introduction The history of gaming in the United States is complex, particularly in the State of Alaska. Until recently, certain Alaskan Native Tribes have struggled to participate in the profitable Class II and III tribal gaming industry. In large part, unclear legislation concerning the United States government’s ability to hold “Indian Lands” in trust on behalf of Alaskan Native Tribes – a precondition for many tribes seeking to offer gaming on their lands under the Federal Indian Gaming Regulatory Act (“IGRA”) 1 – has proved to be a roadblock. This article outlines the turbulent history of the land into trust acquisition process in Alaska, and how recent developments may finally provide Alaskan Native Tribes the opportunity to expand gaming on their lands.
Land into trust background First, it is helpful to understand the Native American land into trust process as distinct from traditional property ownership principles. Most commonly, individuals and entities hold title to land as “fee land.” Fee land is under complete control of the owner/titleholder, who can be an individual or an entity, and allows the owner to use the land for any legal purpose. In contrast, “trust” land is a territorial arrangement, whereby one party agrees to hold title to the property for the benefit of another party. Specific to Native American lands, the land into trust process involves the United States Department of the Interior (“DOI”) acquiring the title to a land parcel and then holding that parcel “in trust” for the benefit of the tribe or an individual tribal member.
1 25 U.S.C. § 2701 et seq.
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IMGL MAGAZINE | JANUARY 2023
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