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JUNE 20, 2000

The state of Alaska is opposing two lawsuits that would assert Native sovereignty. The Kenaitze Indian Tribe, the Akiachak Native Community, and the Native Village of Barrow have appealed decisions by the National Indian Gaming Commission denying them the ability to open casinos on their lands. The Indian Gaming Regulatory Act of 1998 only applies to casinos in Indian Country.

Tribal land in Alaska is not legally considered Indian Country, based on the 1998 Alaska v. Native Village of Venetie decision. The Court ruled that the lands conveyed to Native Corporations and Villages by the Alaska Native Claims Settlement Act (1971) do not satisfy the definition of Indian Country because they were specifically transferred out of federal trust status, unlike reservations in the lower 48 states.

The appeals, however, challenge an exception noted by the Venetie case. Allotments which were deeded to Alaska Natives up until 1971 were not covered by the ruling. These lands would satisfy the allotment definition of 18 USC Section 1151(c).

Currently, only the Annette Island Reserve is considered Indian Country in Alaska.

Get the Story:
State battles bid to expand tribal powers (The Anchorage Daily News 6/20)

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What is Indian Country?

Get the Decision Alaska v. Native Village of Venetie Tribal Government, et al.:
Syllabus | Opinion