Response briefs filed in State of Alaska v. Akiachak Native Community;
Tribal Appellees Response Brief
Previous coverage here.
Akiachak Native Community v. Salazar
Alaska Governor Walker Spurns Alaska Natives and Pursues Challenge to Interior’s Decision to Take Land Into Trust for Alaska Natives
Here is the state’s opening brief in State of Alaska v. Akiachak Native Community:
2015-08-24 AK appeal brief vs Akiachak
Lower court materials here.
Federal Court Issues Stay Pending Appeal in Alaska Fee to Trust Case
Here are the updated materials in Akiachak Native Community v. Jewell (D.D.C.):
An excerpt:
For the foregoing reasons, the Court will GRANT IN PART Alaska’s motion for an injunction by enjoining the Secretary from taking any land into trust in Alaska, pending the outcome of the appeal. The Court’s ruling does not apply to the pre-existing exception for the Metlakatla Indian Community of the Annette Island Reserve or its members. 25 C.F.R. § 151.1; see also 79 Fed.Reg. 24,648, 24,649.
Materials on the merits here. Materials on the motion for reconsideration here.
New Proposed Rule for Fee to Trust in Alaska
Proposed Rule here.
SUMMARY: This proposed rule would delete a provision in the Department of the Interior’s land-into-trust regulations that excludes from the scope of the regulations, with one exception, land acquisitions in trust in the State of Alaska.
Related case here.
Press release requesting comments here.
Federal Court Denies Alaska and US Motions for Reconsideration in Akiachak Native Community v. Jewell
Here are the materials:
112-1 Alaska Motion for Reconsideration
116 Akiachak Supplemental Memorandum
118 Interior Supplemental Memorandum
119 Alaska Supplemental Memorandum
120 Interior Motion for Reconsideration + Exhibits
121 Interior Response to Alaska Motion
127 Akiachak Response to Interior Motion
Federal Court Holds Interior Secretary Retains Authority to Make Trust Land Acquisitions for Alaska Natives
Here are the materials in Akiachak Native Community v. Salazar (D. D.C.):
DCT Order Granting Summary J to Plaintiffs
Akiachak et al Motion for Summary J
Akiachak Supplemental Reply Brief
An excerpt:
Four tribes of Alaska Natives and one individual Native brought this suit to challenge the Secretary of the Interior’s decision to leave in place a regulation that treats Alaska Natives differently from other native peoples. The challenged regulation governs the taking of land into trust under Section 5of the Indian Reorganization Act, 25 U.S.C. § 465; it provides that, with one exception, the regulatory procedures “do not cover the acquisition of land in trust status in the State of Alaska.” 25 C.F.R. § 151.1. The plaintiffs argue that this exclusion of Alaska Natives-and only Alaska Natives-from the land-into-trust application process is void under 25 U.S.C. § 476(g), which nullifies regulations that discriminate among Indian tribes. The State of Alaska has intervened to argue that the differential treatment is required by the Alaska Native Claims Settlement Act (“ANCSA” or the “Claims Settlement Act”), which (on the State’s account) deprived the Secretary of the statutory authority to take most Alaska land into trust.
The Secretary disagrees, but nonetheless seeks to justify the regulation by reference to ANCSA. For the reasons explained below, the court concludes [2] that the Secretary retains his statutory authority to take land into trust on behalf of all Alaska Natives, and that his decision to maintain the exclusion of most Natives from the land-into-trust regulation violates 25 U.S.C. § 476(g), which provides that contrary regulations “shall have no force or effect.” The court therefore grants summary judgment to the plaintiffs, and orders additional briefing on the question of the proper remedy.
