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ALEKNAGIK NATIVES LTD. v. U.S.

No. 87-4188.

886 F.2d 237 (1989)

ALEKNAGIK NATIVES LIMITED; Aleknagik City; Aleknagik Village Council; Ekwok Natives Limited; Ekwok City Council; Nondalton Native Corporation; Nondalton City Council; Nondalton Village Council, Plaintiffs-Appellees, v. UNITED STATES of America; Donald P. Hodel, Secretary of the Interior; Gail Ozmina, Townsite Trustee, Defendants-Appellants, and English Bay Village Council; Port Graham Village Council, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1989.

Attorney(s) appearing for the Case

Robert L. Klarquist and Vicki L. Plaut, Dept. of Justice, Washington, D.C., for defendants-appellants.

David C. Fleurant and Carol H. Daniel, Anchorage, Alaska, for defendants-intervenors-appellees.

Before WRIGHT, TANG and WIGGINS, Circuit Judges.

TANG, Circuit Judge:

The Native Alaskan communities of English Bay and Port Graham are located in the southwestern tip of the Kenai Peninsula in Alaska, approximately 140 miles south of Anchorage. The State of Alaska recognizes the Village Councils in English Bay and Port Graham as the governing entities in these unincorporated communities.

On July 17, 1987, the district court ordered the transfer of title of unoccupied townsite lands1

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