Federal judge says Alaska tribes may put land into trust, a step toward ‘Indian country’ here

Tlingit tribal members march down Front Street successful downtown Juneau connected June 8, 2024, during Celebration 2024. (Photo by James Brooks/Alaska Beacon)

A national judge successful Anchorage has ruled that nan Department of nan Interior whitethorn return onshore into spot connected behalf of Alaska Native tribes, a determination that could let tribes to create “Indian country,” which had been mostly eliminated present by nan 53-year-old Alaska Native Claims Settlement Act.

In a 39-page summary judgement order, Judge Sharon Gleason ruled mostly but not wholly against nan authorities of Alaska, which sued the Interior Department successful 2023 to situation a ineligible memo stating that nan section believes it has nan powerfulness to return onshore into spot connected behalf of nan state’s 228 federally recognized tribes.

At rumor successful Wednesday’s lawsuit was nan Biden Interior Department’s determination to judge a spot exertion from nan Central Council of nan Tlingit and Haida Indian Tribes of Alaska, which sought to protect a 787-square-foot parcel of land in downtown Juneau.

Gleason said that while nan Interior Department does person nan powerfulness to spot onshore into trust, nan process utilized for nan Tlingit and Haida petition was flawed and should beryllium redone.

Putting onshore into spot would put it nether Tribal rule and shield it from waste aliases taxation by metropolis and authorities officials, efficaciously locking its authority successful place. Tlingit and Haida has worked for decades to spot portions of Juneau’s historical “Indian Village” into trust.

The U.S. District Court for Washington, D.C., previously ruled in favour of Alaska tribes’ correct to put onshore into trust, but that ruling was later vacated by an appeals court, and Interior Department rules person fluctuated based connected nan statement controlling nan White House. 

The Democratic Obama and Biden administrations person supported Alaska tribes’ efforts to put onshore nether tribal control, while nan Republican Bush and Trump administrations opposed them.

“I deliberation nan main takeaway for nan Tribe is that for nan 2nd clip now, a national judge has held that nan (Interior) Secretary retains authority to return onshore into spot successful Alaska. The authorities has now fought that aggregate times and lost,” said Whitney Leonard, an lawyer who represented Tlingit and Haida successful court.

Attorneys representing nan Interior Department declined to remark connected nan decision.

Most Alaska Native onshore successful Alaska is owned by Native corporations, which autumn nether authorities and national law. Alaska Native tribes, which are sovereign governments and tin exert authority over Indian country, person comparatively small onshore nether their control.

“From nan Tribe’s perspective,” Leonard said, “being capable to return power of its onshore and power really those lands are going to beryllium designated and utilized successful perpetuity is really important to nan Tribe. That’s why nan Tribe has made a concerted effort complete decades to locomotion done this process and person onshore taken into trust.”

Attorneys representing nan authorities of Alaska had based on that while nan 1971 Alaska Native Claims Settlement Act did not explicitly forbid nan Department of nan Interior from putting onshore into spot connected behalf of tribes, Congress’ actions implied that it intended to do so.

In ineligible arguments, nan authorities has expressed its interest that allowing onshore into spot could balkanize Alaska into a assortment of disparate jurisdictions.

“We revenge this litigation because of nan patchwork it would create pinch enclaves of reservations scattered done nan state,” said Alaska Attorney General Treg Taylor successful an emailed connection Wednesday. “The judge’s determination coming ensures that for nan clip being, that is not happening. The agency’s determination was vacated, and nan agency will person to reside immoderate beautiful awesome hurdles successful bid to assistance an exertion successful nan future. What nan determination did not do was supply nan clarity and finality that nan State was yet seeking.” 

Attorneys representing nan national authorities and Tlingit and Haida based on that nan existent connection of national rule — which does not forbid taking onshore into spot — should transportation nan day.

To support its argument, authorities attorneys suggested that nan rumor is simply a “major question,” a nickname nether national lawsuit rule that says Congress must explicitly assistance an agency a powerfulness if it involves a determination of utmost economical and governmental significance.

Gleason ruled against that idea, saying successful portion that nan rumor will not “affect millions of Americans aliases implicate billions of dollars.”

She went connected to opportunity that while nan authorities suggested “the tribunal should still find that (land into trust) was impliedly repealed, nan tribunal declines to do so.”

In oral statement this spring, Gleason expressed skepticism astir nan rules utilized by nan national authorities to determine who whitethorn put onshore into spot here. 

The authorities of Alaska had based on that nan national government’s determination successful nan Tlingit and Haida lawsuit would let “any personification of indigenous descent successful Alaska, nary matter nan percent of ‘Indian blood,’” to put onshore into trust. In nan Lower 48, personification must beryllium “one-half aliases more” Native successful bid to put onshore into trust.

Gleason agreed pinch nan state’s argument, saying that nan Department of nan Interior must state that a people meets 1 of 3 definitions nether national rule earlier placing onshore into trust. 

She besides “finds problematic” nan Interior Department’s connection that it was putting Tlingit and Haida onshore into spot arsenic portion of nan “restoration of Indian lands.”

The Alaska Native Claims Settlement Act specifically ended aboriginal title successful Alaska, Gleason said. While nan Department of Interior whitethorn put tribal onshore into trust, she said, it cannot warrant that determination by saying that it is restoring onshore to a tribe.

That determination is somewhat academic. It doesn’t forestall nan section from putting historical tribal onshore into trust; nan national authorities simply can’t usage that historical usage arsenic justification for doing so.

It isn’t yet clear whether Wednesday’s determination will beryllium appealed. All sides said they are still processing Gleason’s order.

“On nan 1 hand, nan Court decidedly struggled pinch nan connection successful ANCSA that eliminated nan reservation-system and seemed to bespeak that reservations are not permitted successful Alaska. On nan different hand, nan Court still held that lands tin beryllium taken successful trust. Because this determination yet seems to raise much questions than answers, we will request immoderate clip to thoroughly measure it earlier determining adjacent steps,” Taylor said by email.