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STATE OF ALASKA v. LYNG

No. 85-3992.

797 F.2d 1479 (1986)

STATE OF ALASKA, Plaintiff-Appellee, v. Richard E. LYNG, Secretary of Agriculture, R. Max Peterson, Chief, United States Forest Service, and Michael A. Barton, Alaska Regional Forester, and their respective successors in office, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1986.

Attorney(s) appearing for the Case

Michele Brown, Atty. General's Office, Anchorage, Alaska, for plaintiff-appellee.

William B. Lazarus, David C. Shilton, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Bruce M. Landon, Land and Natural Resources Div. Dept. of Justice, Anchorage, Alaska, for defendants-appellants.

Before WRIGHT, SNEED and SCHROEDER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

In this case we are asked to decide the reasonableness of the Forest Service's interpretation of the Alaska Statehood Act. The Service requires that land grant selections from national forests have a community nexus before they will be approved. The district court held that the Service's interpretation was unreasonable and granted summary judgment for Alaska. We reverse.

FACTS AND PROCEEDINGS BELOW

Prior to statehood...

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