The case could allow tribal governments, rather than Alaska Native corporations, to take authority over significant amounts of Alaska land.
Tlingit, Haida and Tsimshian people gather in Juneau for the opening of Celebration on June 5, 2024.
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. 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.
“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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