CASE ANALYSIS

Akiachak Native Community v. Salazar, 953 F. Supp.2d 195 (D.C.C. March 31, 2013).

In Akiachak Native Community v. Salazar, Alaskan Native Tribes and an individual brought suit challenging a regulation that prevented Alaskan Natives from entering into the land-into-trust application process in the state of Alaska.  In 1971 Congress passed into law the Alaska Native Claims Settlement Act (ANCSA), which “revoked the various reserves set aside for Native use’ by legislative or executive action, except for the Annette Island Reserve inhabited by the Metlakatla Indians, and completely extinguished all aboriginal claims to Alaska land.”  Native Alaskans instead received funds in their state-chartered private businesses as shareholders.  The first issue the court examined was whether the Secretary of the Interior retained his land-into-trust authority, or whether it was extinguished by the passage of the act.  See PDF for complete summary.

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