State of Alaska has asked a federal judge to rule what it is appropriate for the Bureau of Indian Affairs may establish the equivalent of reservations in Alaska for Alaska Native tribes.
On Tuesday The state of Alaska has filed for an order of summary judgment in a lawsuit that is ongoing that is pending against federal authorities as well as the Central Council of the Tlingit and Haida Indian Tribes of Alaska.
According to a briefing agenda that was published earlier in the year both the State, Tlingit and Haida, as well as the federal government, will be arguing in writing until Jan. 10 when this case is reviewed before U.S. District Court Judge Sharon Gleason.
In dispute is a 787 square-foot parcel of land located in downtown Juneau which is owned by the Bureau of Indian Affairs took into federal trust on behalf of Tlingit and Haida earlier this year..
Trust parcels Tribal governmentsinstead of the state typically have legal authority over what’s known under Federal law under the term “Indian nation.”
“Whether (the Department of the Interior) is able to alter over the territorial authority in Alaska by establishing Indian country raises a serious problem of a political nature,” state attorneys wrote.
The state claims it is arguing that 1971’s Alaska Native Claims Settlement Act prevents any federal agency from establishing the trustlands in Alaska. The act granted the land Alaska Native corporations, not tribes, and ended Indian land within the state, except for the Metlakatla Indian Community’s Annette Island Reserve.
The federal government does not agree with the assessment of the state in addition, Tlingit and Haida have requested to intervene in the instance on behalf from the government.
The area in the dispute is not large, however the state acknowledged in its request for a summary ruling that the decision could have a wide-ranging impact.
“There exist currently 227 tribes that are federally recognised within Alaska and that’s 227 sovereigns that have sovereignty over this state.” the state attorney wrote.
Tribes from Ninilchik and Fort Yukon have already submitted land-into-trust applications, and Tlingit and Haida have submitted further requests for additional land within downtown Juneau.
This article first appeared in Alaska Beacon and is republished with permission.
