Arguments took place in early May, and Judge Sharon Gleason has taken the case under advisement.
Anax Akawdigan Yé Al’éixi, dancers from Douglas Indian Association, perform during Celebration, a Tlingit, Haida and Tsimshian dance and culture festival in Juneau on June 7, 2024. The four-day festival is hosted by Sealaska Heritage Institute every two years. Hundreds of miles away, in Anchorage, a federal judge is considering a legal case that could allow tribal governments, rather than Alaska Native corporations, to take authority over significant amounts of Alaska land.
The state of Alaska, which filed the lawsuit, has argued that when Congress passed the Alaska Native Claims Settlement Act in 1971, it did not intend to allow the creation of new Indian Country in Alaska.Arguing in court, Alaska Solicitor General Jessie Alloway asked Gleason to consider what has changed in the past 50 years.
Attorneys for the federal government and Tlingit and Haida have argued that while ANCSA did erase some tribal trust land, it didn’t prevent the creation of new trust land., if something is a major question — involving issues of “vast economic and political significance” — a federal agency can’t act without explicit direction from Congress.
“This is simply not a case in which an agency relied on some vague language or ancillary provision to discover unheralded power,” she said.
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