indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Judge deletes Alaska exception in land-into-trust regulations

Filed Under: Law | Trust
More on: alaska, alaska native, ancsa, bia, doi, land-into-trust
   

A federal judge has made it in official -- the Bureau of Indian Affairs can no longer exclude Alaska Natives from the land-into-trust process.

For decades, the BIA has refused to process land-into-trust applications submitted by Alaska tribes. The agency claimed the Alaska Native Claims Settlement Act of 1971 requires Alaska's first inhabitants to be treated differently than tribes in the lower 48.

But in a decision on Monday, Judge Rudolph Contreras deleted the Alaska exception from the BIA's land-into-trust regulations. He rejected requests from the state of Alaska and Interior Secretary Sally Jewell to maintain a status quo that has prevented all but one Alaska tribe from acquiring trust lands.

"All parties agree that the land-into-trust regulations 'could function sensibly' without the Alaska exception, the deletion of which would simply mean that the regulations applied to all of Alaska, as they do to the other forty-nine states," Contreras wrote in his decision.

"The court therefore concludes that the Alaska exception is severable from the remainder of the land-into-trust regulations," Contreras continued.

Further appeals are likely due to the controversial nature of tribal issues in Alaska. Action from Congress is also possible -- Rep. Don Young (R-Alaska), the chairman of the House Subcommittee on Indian and Alaska Native Affairs, opposes land-into-trust for Alaska tribes.

Turtle Talk has posted documents from the case, Akiachak Native Community v. Jewell.

District Court Decisions:
Akiachak Native Community v. Jewell (September 30, 2013)
Akiachak Native Community v. Salazar (March 31, 2013)

Related Stories:
Sen. Begich supports land-into-trust decision for Alaska tribes (4/23)
APRN: NARF attorney discusses decision in land-into-trust case (04/09)
Decision in Alaska case could reopen land-into-trust regulation (4/5)
NARF calls land-into-trust case 'victory' for all Alaska tribes (4/3)
Judge rules tribes in Alaska can follow land-into-trust process (4/1)
Rep. Young won't support Alaska tribes for land-into-trust fix (03/20)


Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Lawmakers seek distribution of Cobell checks (7/31)
2nd Circuit protects Cayuga Nation from foreclosure proceeding (7/31)
Senate Indian Affairs Committee passes seven bills at meeting (7/31)
David Wilkins: Finding some common ground on disenrollments (7/31)
Erik Stegman: Racist mascots continue to hurt our Native youth (7/31)
Tribes participate in 400-mile journey from Colorado to Arizona (7/31)
Sen. Tester questions void in leadership at IHS regional offices (7/31)
Matika Wilbur continues photo trip throughout Indian Country (7/31)
KUOW: Tightening the screws on tribal payday loan operations (7/31)
Notah Begay to be inducted into Stanford Athletics Hall of Fame (7/31)
Opinion: Native Americans shackled in poverty by federal policy (7/31)
Fact Checker: Three Pinocchios for Washington team's new site (7/31)
Column: Revisiting Johnny Cash's classic Indian rights recording (7/31)
Column: Sen. McCain breaks promise on Tohono O'odham casino (7/31)
Survey shows support for smoke-free tribal casinos in Wisconsin (7/31)
Prairie Island Tribe arrests woman for possessing meth at casino (7/31)
Chumash Tribe hosts public meeting on $160M casino expansion (7/31)
Crews stop spread of fires that came near Barona Band's casino (7/31)
Native Sun News: Website tracks missing and murdered women (7/30)
Native Sun News: AmeriCorps expands efforts in Indian Country (7/30)
House Natural Resources Committee markup on four tribal bills (7/30)
Mark Begich: A permanent fix for tribal contract support costs (7/30)
Paul Moorehead: Let's get back to promoting self-government (7/30)
Tanya Lee: Violence against Native women a national disgrace (7/30)
Rep. Markwayne Mullin named one of 50 Most Beautiful on Hill (7/30)
Tribes criticize veto provisions in BIA federal recognition rule (7/30)
Great Plains tribes hold conference to safeguard water rights (7/30)
Yurok Tribe wraps up marijuana raids with nearly 13K plants (7/30)
Law Article: Tribal lenders fight federal agency investigation (7/30)
Editorial: Muscogee Nation paves the way for college's future (7/30)
NPR: Relying on social media to keep Native languages alive (7/30)
Opinion: EPA exploits tribes by recognizing their sovereignty (7/30)
Mescalero Apache Nation man sentenced for meth trafficking (7/30)
BIA won't commit to timeline on Mashpee Wampanoag casino (7/30)
Employees at Graton Rancheria casino to negotiate labor deal (7/30)
Tohono O'odham Nation blasts bill to bar off-reservation casino (7/30)
Opposition group sues to block gaming referendum in Nebraska (7/30)
Native Sun News: Native nations unite on uranium mine cleanup (7/29)
Audio from House subcommittee hearing on five tribal measures (7/29)
House Subcommittee on Indian and Alaska Native Affairs hearing (7/29)
Witness List: SCIA hearing on natural disasters in Indian Country (7/29)
Gyasi Ross: Tribes put principle over profit in banning Ted Nugent (7/29)
Steven Newcomb: UN perpetuates dominance of Native peoples (7/29)
Megan Red Shirt-Shaw: Music festival outlaws faux headdresses (7/29)
BIA holds final in-person meeting on federal recognition reform (7/29)
'Caucasians' t-shirt sees boost in popularity thanks to Native DJ (7/29)
WyoFile: Tribes depend on Medicaid funding for health services (7/29)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.