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HOONAH INDIAN ASS'N v. MORRISON

Nos. 97-35833, 97-36018.

170 F.3d 1223 (1999)

HOONAH INDIAN ASSOCIATION, Plaintiff-Appellant, v. Gary MORRISON, Forest Supervisor, Chatham Area, Tongass National Forest; Phil Janik, Regional Forester, Alaska Region, United States Forest Service; U.S. Forest Service, Defendants-Appellees. Sitka Tribe of Alaska, Plaintiff-Appellant, v. Gary Morrison, Forest Supervisor, Chatham Area, Tongass National Forest; Phil Janik, Regional Forester, Alaska Region, United States Forest Service; U.S. Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 24, 1999.

Attorney(s) appearing for the Case

Thomas S. Waldo, Earthjustice Legal Defense Fund, Juneau, Alaska, for plaintiff-appellant Hoonah Indian Association; Michael Jude Pate, Sitka Tribe of Alaska, Sitka, Alaska, for plaintiff-appellant Sitka Tribe of Alaska.

David C. Shilton, United States Department of Justice, Washington, D.C., for defendants-appellees.

Vance A. Sanders, Council and Sanders, Juneau, Alaska, for amici curiae Klawock Cooperative Association and Organized Village of Kake.

Before: BRUNETTI, RYMER, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge.

These appeals relate to two timber sales, and raise questions under the Alaska National Interest Lands Conservation Act (ANILCA), and the National Historic Preservation Act (NHPA).

Facts.

The Forest Service gave notice of its intent to conduct timber sales in the Tongass National Forest in Southeast Alaska. 58 Fed. Reg. 21559-01, 37458-01 (1993). Two sales were proposed, called...

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