Alaska National Interests Lands Conservation Act

ANILCA Subsistence Suit

Matthew L.M. Fletcher

Here is the complaint in Ninilchik Traditional Council v. Towarak (D. Alaska):

1 Complaint

An excerpt:

This action seeks relief under section 807 of the Alaska National Interests Lands Conservation Act (ANILCA), 16 U.S.C. § 3117, as a result of the Federal Subsistence Board’s (FSB) failure to provide the members of Ninilchik Village, a federally recognized tribe, represented through its governing body, the Ninilchik Traditional Council (NTC) with the subsistence opportunity and priority necessary to provide for tribal members’ subsistence uses as mandated by section 804 of ANILCA, 16 U.S.C. § 3114.

Organized Village of Saxman Sues Interior over Subsistence Rights

Matthew L.M. Fletcher

Here is the complaint in Organized Village of Saxman v. Towarak (D. Alaska):

Complaint

An excerpt:

This action seeks declaratory and injunctive relief under section 807 of the Alaska National Interests Lands Conservation Act (ANILCA), 16 U.S.C. § 3117, to prevent the Secretaries of Interior and Agriculture from implementing a 2007 final rule that administratively grouped the rural community of Saxman with the nonrural cvcommunity of Ketchikan. Only residents of communities identified by the Federal Subsistence Board (FSB) as rural are eligible for ANILCA’s subsistence priority. 50 C.F.R. 100.5 § (2013). By grouping Saxman with Ketchikan, the 2007 final rule removes Saxman’s rural status and effectively eliminates Saxman’s priority for subsistence uses set forth in ANILCA section 804, 16 U.S.C. § 3114, thus denying Saxman’s members continued access to the subsistence resources they depend on as a mainstay of their livelihood in violation of section 811 of ANILCA, 16 U.S.C. § 3121, and the Administrative Procedures Act (APA), 5 U.S.C. § 553, 706(2)(a),(d).