ELR Citation: ELR 20378
No(s). 88-3944 (9th Cir. Dec 7, 1989)

The court holds that the Alaska Native Claims Settlement Act (ANSCA) permits the Secretary of the Interior to limit Alaska Natives' land allocations to less than the statutory maximum of 160 acres where the lands claimed were part of a national wildlife reserve. An Alaska Native living on a designated wilderness area in Alaska had applied to the Bureau of Land Management for a "primary place of residence." The court first holds that the Secretary properly had the administrative record before him. The court then holds that ANSCA grants the Secretary discretion to allocate fewer than 160 acres. The statute states the Secretary "may" allocate 160 acres, and the legislative history is ambiguous. Moreover, there is a finite amount of land available to be dispersed under the program, and the Secretary may limit allocation to avoid overselection.

Counsel for Plaintiffs-Appellants
James Burling
Pacific Legal Foundation
2700 Gateway Oaks Dr., Ste. 200, Sacramento CA 95833
(916) 641-8888

Counsel for Defendants-Appellees
Sarah P. Robinson
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-4358

Before O'SCANNLAIN, LEAVY, and TROTT, Circuit Judges.