Warbelow's Air Ventures - Page 11




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          revoked the Indian reservation system in Alaska.  Additionally,             
          the land is not held by any incorporated Native groups, regional            
          corporations, or village corporations as provided by ANCSA.  The            
          land was specifically excluded from ownership by any of the ANCSA           
          corporations because the land was used for airport purposes.  43            
          U.S.C. sec. 1613(c)(4).                                                     
               B.   Definition Under the ICWA                                         
               The ICWA defines “reservation” as: “Indian country as                  
          defined in section 1151 of Title 18 and any lands, not covered              
          under such section, title to which is either held by the United             
          States in trust for the benefit of any Indian tribe or individual           
          or held by any Indian tribe or individual subject to a                      
          restriction by the United States against alienation.”  25 U.S.C.            
          sec. 1903(10).  We note that the land on which the Galena airport           
          is located is not held by the United States in trust for the                
          benefit of any Indian tribe or individual and is not held by any            
          Indian tribe or individual subject to a restriction by the United           
          States against alienation.  “Indian country” is:                            
               (a) all land within the limits of any Indian                           
               reservation under the jurisdiction of the United States                
               Government, notwithstanding the issuance of any patent,                
               and, including rights-of-way running through the                       
               reservation, (b) all dependent Indian communities                      
               within the borders of the United States whether within                 
               the original or subsequently acquired territory                        
               thereof, and whether within or without the limits of a                 
               state, and (c) all Indian allotments, the Indian titles                
               to which have not been extinguished, including rights-                 
               of-way running through the same.                                       






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