Federal judge says Alaska tribes may put land into trust, a step toward ‘Indian country’ here

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Federal judge says Alaska tribes may put land into trust, a step toward ‘Indian country’ here
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The decision could change the system created by the Alaska Native Claims Settlement Act more than 50 years ago.

Tsa'imaay dancers from the Tsimshian tribe dance during the Celebration 2008 parade on Franklin Street, in Juneau, Alaska Saturday, June 7, 2008.

Gleason said that while the Interior Department does have the power to place land into trust, the process used for the Tlingit and Haida request was flawed and should be redone. In legal arguments, the state has expressed its worry that allowing land into trust could balkanize Alaska into a variety of disparate jurisdictions.

To support its argument, state attorneys suggested that the issue is a “major question,” a designation under federal case law that says Congress must explicitly grant an agency a power if it involves a decision of extreme economic and political significance. In oral argument this spring, Gleason expressed skepticism about the rules used by the federal government to decide who may put land into trust here.

She also “finds problematic” the Interior Department’s statement that it was putting Tlingit and Haida land into trust as part of the “restoration of Indian lands.”

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