Warbelow's Air Ventures - Page 9




                                        - 9 -                                         
               Respondent argues that the Galena airport is not located               
          within an Indian reservation as defined by the IFA, the ICWA, or            
          by 18 U.S.C. sec. 1151 (2000).  Additionally, respondent argues             
          that Congress specifically carved out land on which airports were           
          located from the Federal public lands that were made available              
          for Native selection under ANCSA and, therefore, deliberately               
          excluded these lands from Native ownership.                                 
               Section 45A defines “Indian reservation” as a reservation as           
          defined in section 3(d) of the IFA, 25 U.S.C. sec. 1452(d), or              
          section 4(10) of the ICWA, 25 U.S.C. sec. 1903(10).  Secs.                  
          45A(c)(7), 168(j)(6).                                                       
               Further, Congress passed ANCSA to provide a grant of land              
          and money to Native Alaskans in exchange for the extinguishment             
          of their land claims within Alaska.  See Doyon, Ltd. v. United              
          States, 214 F.3d 1309, 1311 (Fed. Cir. 2000) (citing ANCSA).                
          Pursuant to ANCSA, regional and village Alaska Native                       
          corporations were organized under State law, including Doyon and            
          Gana-A’ Yoo, to assist Native Alaskans in managing the 44 million           
          acres of land and the $962.5 million transferred to them.  43               
          U.S.C. sec. 1607(a); Doyon, Ltd. v. United States, supra at 1311.           
          Essentially, ANCSA ended Federal supervision over Indian affairs            
          and revoked the Indian reservation system in Alaska.9  43 U.S.C.            

               9  Only one Indian reservation, the Annette Island Reserve,            
          remains in Alaska after the enactment of ANCSA.  43 U.S.C. sec.             
                                                             (continued...)           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011