An Alaska tribe has withdrawn its appeal of a National Indian Gaming Commission decision that affects the Class II industry.

The Metlakatla Indian Community asked the NIGC to review a decision by Chairman Phil Hogen that addressed the legality of an electronic game based on bingo. Hogen said the automated nature of the game turned it into a Class III game, making it illegal in Alaska without a tribal-state compact.

Tribes across the country accused Hogen of using the matter to change existing Class II standards without going through the regulatory process. Hogen acknowledged that the appeal could end up in federal court and resolve some critical Class II issues.

"It appears a judicial test of this important dividing line will be put off at this time," Hogen said in a statement. "I continue to feel that the Indian gaming industry will be better served if needed clarity can be brought to this matter. If there was concern that the view stated in my disapproval of this measure would be sustained in a federal court review, I think such concern was well placed.”

"We are very pleased we were able to dodge that stray bullet," David Qualls, the hairman of the Oklahoma Indian Gaming Association, told The Tulsa World."We were so scared."

The Metlakatla Indian Community is the only reservation in Alaska that wasn't eliminated by the Alaska Native Claims Settlement Act. The tribe operates a bingo facility.

Get the Story:
Alaska tribe drops gambling appeal, but outcome still unclear (Thee Tulsa World 8/21)