Court Vacates Decision to Take Downtown Juneau Land Into Trust for Tlingit & Haida Tribe

By Heidi McNeil Staudenmaier and Kelsey Haake

In a momentous legal development, U.S. District Court Judge Sharon L. Gleason has vacated and remanded a decision by the U.S. Department of the Interior (DOI) to place a 787-square-foot parcel of land in downtown Juneau into trust for the Central Council of Tlingit and Haida Indian Tribes¹. The court's ruling challenges the federal government's authority under the Indian Reorganization Act (IRA) in Alaska, underscoring the intricate interplay between federal statutes governing Native land rights and Alaska's unique legal landscape.

The contentious issue revolves around the DOI's assertion that it could take land into trust for tribes in Alaska despite the Alaska Native Claims Settlement Act (ANCSA) of 1971, which aimed to settle Alaska Native land claims and extinguish aboriginal titles. Judge Gleason's order states that the DOI's reliance on the "restoration of Indian lands" to justify the decision was arbitrary and not grounded in apparent statutory authority. Specifically, the court opined "the 'restoration of Indian lands' implies that [Assistant Secretary Newland] intended to return the Parcel to Tlingit & Haida based, apparently, on the Tribe's aboriginal title to the land." The court claimed that Assistant Secretary Newland's "justification is misplaced, however, because the bargain struck through ANCSA extinguished all aboriginal titles" when ANCSA was passed.

More specifically, ANCSA, a landmark legislation, resolved aboriginal land claims by transferring $962.5 million and approximately 44 million acres to Alaska Native corporations, creating a framework different from traditional reservations in other states. The Act explicitly eliminated reservations in Alaska, with exception to the "Annette Island Reserve inhabited by the Metlakatla Indians," and sought to end federal supervision over Alaska Native affairs. However, the court noted that ANCSA did not explicitly repeal the DOI's authority under the IRA to acquire land in trust for Alaska Natives. This statutory nuance forms the crux of the legal dispute, with Alaska arguing that such actions would undermine the state's jurisdiction and the compromises made under ANCSA.

While recognizing the DOI's authority under the IRA to take land into trust, Judge Gleason's decision underscores the need for clear congressional intent when asserting jurisdictional changes of significant economic and political consequence, echoing principles from recent Supreme Court rulings.

With the decision to remand the case to the DOI for reconsideration, the federal agency faces the challenge of addressing the court's concerns over statutory interpretation and the potentially far-reaching implications of trust land acquisitions in Alaska. The outcome could significantly influence future land management decisions and legal precedents concerning Alaska Native rights and Alaska state jurisdiction, creating a sense of anticipation for further developments.

The legal community anticipates further developments as parties navigate the implications of Judge Gleason's ruling and prepare for potential legislative or regulatory responses. These responses could include amendments to existing laws or the introduction of new regulations to clarify federal authority under the IRA in Alaska's distinct legal framework. This ongoing dialogue and potential changes underscore the significance of the court's decision and its potential to shape the future of Alaska Native land rights and federal authority in the state.

In conclusion, the court's decision marks a pivotal moment in the ongoing and evolving dialogue over Alaska Native land rights and federal powers. It sets a precedent for future disputes and legislative actions, underscoring the need for continued attention to reconciling state sovereignty with tribal self-governance in the Last Frontier.

Footnotes 

1. STATE OF ALASKA, Plaintiff, v. BRYAN NEWLAND, in his official capacity as Assistant Sec'y, Indian Affs., U.S. Dep't of the Interior, et al., Defendants, & CENTRAL COUNCIL OF TLINGIT & HAIDA INDIAN TRIBES OF ALASKA, Intervenor-Defendant., No. 3:23-CV-00007-SLG, 2024 WL 3178000 (D. Alaska June 26, 2024) [Back]