Attorney: Heather Kendall-Miller
Case Update
Chalkitsik et al brought suit seeking judicial review of 25 C.F.R. Part 151 as it pertains to federally recognized Tribes in Alaska. This regulation governs the procedures used by Indian tribes and individuals when requesting the Secretary of the Interior to acquire title to land in trust on their behalf. The regulation bars the acquisition of land in trust in Alaska other than for the Metlakatla Indian Community or its members. The exclusion of all other Alaska Tribes from the scope of the regulation, including Plaintiffs the Akiachak Native Community, the Chalkyitsik Village, the Chilkoot Indian Association, and the Tuluksak Native Community, and the bar to the acquisition of trust title to land in Alaska is arbitrary, capricious, an abuse of discretion, unconstitutional and otherwise contrary to law.
Plaintiff Tribes seek declaratory and injunctive relief preventing the Department of the Interior from excluding federally recognized Alaska Tribes from the regulation's land into trust petition process. Plaintiff Tribes further seek a declaration that the Secretary of the Interior has the authority to acquire lands in trust in Alaska on behalf of Alaska Tribes and their members; that Plaintiff Tribes are entitled to petition the Secretary under 25 C.F.R. Part 151 to have land in Alaska taken into trust; and, that the Secretary must give the same consideration to land in trust petitions in Alaska as would be given to other federally recognized tribes.
On September 30, 2008, the Court granted the State of Alaska's Motion to Intervene. Plaintiffs' have until February 20, 2009 to file an Opposition to Alaska's Cross-Motion for Summary Judgment.
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