- 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