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HAYNES v. U.S.

No. 88-3944.

891 F.2d 235 (1989)

Oscar R. HAYNES, Jr.; Mary Darby; Ramona Owens; Claudine Haynes; Marina Haynes; Oscar R. Haynes III; and Machelle Haynes-Shake, Plaintiffs-Appellants, v. UNITED STATES of America; James G. Watt, Secretary of the Interior; Robert F. Burford, Director, Bureau of Land Management; Beaumont C. McClure, Director, Alaska Programs Staff, Bureau of Land Management; Curtis V. McVee, State Director, Bureau of Land Management, Alaska; Keith M. Schreiner, Regional Director, United States Fish and Wildlife Service, Region VII, Alaska; and Jacob Lestenkof, Area Director, Bureau of Indian Affairs, Alaska Region, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1989.

Attorney(s) appearing for the Case

James Burling, Pacific Legal Foundation, Sacramento, Cal., for plaintiffs-appellants.

Sarah P. Robinson, Atty., Dept. of Justice, Washington, D.C., for defendants-appellees.

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

TROTT, Circuit Judge:

I

Appellants appeal a grant of summary judgment upholding the Secretary of the Interior's interpretation of the Alaska Native Claims Settlement Act ("ANCSA"), 43 U.S.C. § 1613(h) (1982). The Secretary determined the language of 43 U.S.C. § 1613(h) granted him the discretion to limit the allocation of lands to Alaska Natives to less than the statutory maximum of 160 acres where the lands claimed were part of a National Wildlife...

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