On Friday, the State appealed U.S. District Court Judge Sharon Gleason’s decision upholding a federal agency’s authority to take lands into trust in Alaska, creating a 787-square vacant lot in downtown Juneau into “Indian Country,” subject to federal law, not municipal or state law.
“ANCSA eliminated the reservation system in Alaska and left no authority for the federal agency to recreate that system on its own more than 50 years later,” Alaska Attorney General Taylor said. “The State is not going to wait for the federal agency to think of new ways to change how Alaska works. We filed this litigation so the courts can resolve this issue for good. To get such finality, we need the appellate courts to weigh in.”
In June, the Court largely agreed with the State when it vacated a U.S. Department of the Interior’s decision to take a 787-square-foot parcel of land in downtown Juneau into trust on behalf of the Central Council of Tlingit and Haida Indians because the decision was “arbitrary and capricious” and “contrary to the law.” The Court found that the U.S. Assistant Secretary could not take the Tribe’s land into trust to “restore” Indian lands because such an action was contrary to the bargain Congress struck in 1971 when it passed the Alaska Native Claims Settlement Act (ANCSA).
Although the State agrees with Judge Gleason on that important point, the Court left open the possibility that a federal agency could still place an Alaska tribes’ lands into trust and thus improperly bypass Congress to create reservations in Alaska.
Although ANSCA erased most “Indian Country” in Alaska in favor of the establishment of Native Corporations with their own land, Gleason said the federal government is entitled to create all the Indian Country that it wants, without limits.
The small parcel, owned by Central Council of the Tlingit and Haida Indian Tribes of Alaska, is big enough to park a couple of motor homes.
Read the filing at this link.
Can we get Trump to transfer Judge Gleason to the Marshall Islands?
Too nice I’d suggest Johnston Atoll She could pick up the plutonium with tweezers while kneeling on the anthrax spores
Suzanne says: “The small parcel, owned by Central Council of the Tlingit and Haida Indian Tribes of Alaska, is big enough to park a couple of motor homes.”
Or a really oddly shaped casino. Cheers –
Let them have it. Let them create their little utopia.
And let them provide electricity, sewerage, EMS, all of it. No buying from CBJ. Give them exactly what they want.
And let them complain to Gleason when reality hits them.
Yes and yes let them try to get permits and build the infrastructure for it.
Close all streets going to and around it.
1- It’s not about that lot. It’s about creating the legal structure to create Indian Country where by law there can’t be any.
2- Once it is Indian Country they don’t need permits, and CBJ will be forced to provide utilities and services.
3- it’s about turning any and all Alaska native lands into Indian Country.
4- it also follows that BiA will need to expand.
Pave paradise,,……..
and set up……..
a Teepee.
The link only has the Notice. Do we have a link to the meat of the court filings?
Why is Judge Sharon Gleason shredding the State of Alaska lately w/her unconscionable rulings? This is getting ridiculous.
She’s following orders. Progressives aren’t known for thinking.
But didn’t Judge Gleason reject the attempt to place the lands into trust?
There’s more to this story that MRA will dig out.
Talk about creating more division between Alaska Natives and white man. Wow. Good job feds!
MRA should look into the Petersen Hill development in Juneau and the 10 acres given to T&H by the CBJ.
Isn’t Gleason a tool. She was put in Alaska to destroy our economy. Her decisions are from the twilight zone. I’ll bet she drives a vehicle and talks on a cell phone and uses computers and gas fired heat. And yet she stabs us in the back on every project.
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