IN RE: CLASS I1 GAMING ORDINANCE OF 

THE AKIACHAK NATIVE COMMUNITY 

F'INAL ORDER 

March 18,2004 

The Akiachak Native Community (Tribe) adopted a Class 11 gaming ordinance by 

resolution of the Tribal Council on November 1 1,1994. After adopting various 

amendments to the ordinance, the Tribe submitted the ordinance to the National Indian 

Gaming Commission (Commission) Chairman for review and approval.' The NIGC 

received the gaming ordinance, as amended, on February 27,1995. The Chairman 

disapproved the Tribe's gaming ordinance by letter dated May 26,1995. The Tribe did 

not appeal the Chairman's decision to the full Commission, but filed suit in the United 

States District Court for the District of Columbia to set aside the Chairman's decision to 

disapprove the ~rdinance.~ 

The United States Department of Justice, representing the Commission, sought 

remand in a motion filed with the Court on February 4,2000. The purpose of remand 

was to allow the Commission to provide detailed explanations supporting the decision to 

disapprove the ordinance, if appropriate, to reexamine additional facts raised in the 

Tribe's First Amended Complaint in the case, and to examine changed circumstances 

involving the proposed gaming properties.3 The Court granted the motion and in its 

Remand Order of January 18,2001, returned the NIGC Chairman's administrative 

decision of May 26,1995, disapproving the ordinance to the Commission for 

re~onsideration.~ 

- 

1 Under the Indian Gaming Regulatory Act, an Indian triie may engage in, or license and regulate, Class II 

gaming on Indian lands subject to the tribe's jurisdiction if the governing body of the trii adopts an 

ordinance or resolution which is approved by the NIGC Chairman. See 25 U.S.C. 5 2710(b). 

2 Under Commission regulations, a tribe may appeal the Chairman's disapproval of its ordinance. See 25 

C.F.R. Part 524. 

3 See Defendants' Memorandum of Points and Authorities, Akiachak Native Community, et al. v. Monteau, 

- et al., CIV No. 1 :96-CV-02302 ,US, Dist. Ct. for the District of Columbia, p. 1. 

4 Order of January 18,2001, Akiachak Native Community, et al. v. Monteau, et a]., CIV No. 1 :96-CV02302 ,U.S. Dist. Ct. for the District of Columbia. 
A period of inactivity followed the Court's Remand Order by agreement of the 

parties.5 The Tribe and the Commission agreed to delay reconsideration of the gaming 

ordinance pending the outcome of litigation in the companion case of Native Village of 

Barrow v. NIGC and a determination by the Tribe on whether it wished to adopt a new 

gaming ordinance that would cure technical deficiencies in the original ordinance. 

Following discussions and correspondence with the attorney representing the Tribe, the 

Commission's Senior Attorney wrote to the Tribe on June 3,2003, explaining that the 

Commission now wished to reconsider the gaming ordinance and seeking information on 

whether the Tribe wanted to make necessary corrections to the ordinance or propose > 

alternative sites within the Tribe's jurisdiction for a gaming operation. The Tribe 

responded by letter dated July 22,2003, stating that it withdrew its ordinance fiom any 

further consideration by the NIGC and indicating Mher that, if the Tribe desired 

consideration of a gaming ordinance by the NIGC, an ordinance would be resubmitted for 

approval .6 

ORDER: 

n acknowledges the Akiachak Natiye Community's request of 

be's gaming ordinance fiom further review by the 

IAN GAMING COMMIS,SION: 

ommissloner 

Date 

See Letter of April 17,2001, fiom NIGC Senior Attorney William Grant to Attorney Bertram Hirsch, part 

of the administrative file in this lnatter. 

% separate but related actions, the Tribe submitted the 1994 gaming ordinance for NIGC Chairman's 

approval a second time by letter dated February 8,2003. The Chairinan disapproved the ordinance in a 

letter to the Tribe dated May 9,2003. The disapproval letter invited the Tribe to resubmit the ordinance 

after correcting the deficiencies noted in the disapproval letter. The Tribe responded by providing a new 

gaming ordinance, adopted by the TniaI Council on July 10,2003, ostensibly correcting the technical 

deficiencies. The Tribe's letter of July 22,2003, also withdrew this ordinance fiom NIGC review.