Warbelow's Air Ventures - Page 10




                                       - 10 -                                         
          sec. 1618(a); see Alaska v. Native Vill., 522 U.S. 520, 523                 
          (1998).  The ANCSA corporations received title to the land in fee           
          simple without any Federal restrictions applied to subsequent               
          land transfers.  See Alaska v. Native Vill., supra at 524.                  
               Certain land was required to be conveyed to the Federal                
          Government under ANCSA.  See 43 U.S.C. sec. 1613.  Specifically,            
          title to the land on which an airport is located, including                 
          additional land that was necessary to provide Government-related            
          services and to ensure safe airplane approaches, was required to            
          be conveyed to the Federal or State Government or appropriate               
          municipal corporation.  43 U.S.C. sec. 1613(c)(4).  Of                      
          importance, the land on which the Galena airport is located had             
          been conveyed to the State of Alaska and the Federal Government.            
               A.   Definition Under the IFA                                          
               The IFA defines “reservation” as: “Indian reservations,                
          public domain Indian allotments, former Indian reservations in              
          Oklahoma, and land held by incorporated Native groups, regional             
          corporations, and village corporations under the provisions of              
          the Alaska Native Claims Settlement Act.”  25 U.S.C. sec.                   
          1452(d).  The land on which petitioner’s Galena airport is                  
          located does not qualify as a “reservation” under the IFA.  The             
          land is not an Indian reservation because the enactment of ANCSA            


               9(...continued)                                                        
          1618(a).                                                                    





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

Last modified: May 25, 2011