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KONIAG, INC., VILLAGE OF UYAK v. ANDRUS

Nos. 76-1325 to 76-1334.

580 F.2d 601 (1978)

KONIAG, INC., the VILLAGE OF UYAK v. Cecil D. ANDRUS, Secretary of the Interior, Appellant. The VILLAGE OF LITNIK KONIAG, INC. v. Cecil D. ANDRUS, Secretary of the Interior, Appellant. SALAMATOF VILLAGE ASSOCIATION and Cook Inlet Region, Inc. v. Cecil D. ANDRUS, Secretary of the Interior, Appellant. The VILLAGE OF ANTON LARSEN BAY KONIAG, INC. v. Cecil D. ANDRUS, Secretary of the Interior, Appellant. The VILLAGE OF UGANIK KONIAG, INC. v. Cecil D. ANDRUS, Secretary of the Interior, Appellant. The VILLAGE OF BELLS FLATS KONIAG, INC. v. Cecil D. ANDRUS, Secretary of the Interior, Appellant. The VILLAGE OF AYAKULIK KONIAG, INC. v. Cecil D. ANDRUS, Secretary of the Interior, Appellant. The VILLAGE OF PORT WILLIAM KONIAG, INC. v. Cecil D. ANDRUS, Secretary of the Interior, Appellant. The VILLAGE OF SOLOMON BERING STRAITS NATIVE CORPORATION v. Cecil D. ANDRUS, Secretary of the Interior, Appellant. VILLAGE OF ALEXANDER CREEK COOK INLET REGION, INC. v. Cecil D. ANDRUS, Secretary of the Interior, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, Raymond N. Zagone and Herbert Pittle, Attys., Dept. of Justice, Washington, D. C., were on brief, for appellant.

Edward Weinberg and F. Conger Fawcett, Washington, D. C., with whom Frederick L. Miller, Jr. and John P. Meade, Washington, D. C., were on brief, for appellees.

Avrum M. Gross, Atty. Gen., State of Alaska, Juneau, Alaska, filed a brief on behalf of the State of Alaska as amicus curiae urging reversal.

Before WRIGHT, Chief Judge, BAZELON and ROBB, Circuit Judges.

Opinion for the Court filed by ROBB, Circuit Judge.

ROBB, Circuit Judge:

The plaintiffs, eleven Native Alaskan villages, filed this action to challenge decisions of the Secretary of Interior which found each of them ineligible to take land and revenues under the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. § 1601 et seq.

The Alaska area director of the Bureau of Indian Affairs (BIA) had...

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