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CHICKALOON-MOOSE CREEK NATIVE ASSOC. v. NORTON

No. 01-35921.

360 F.3d 972 (2004)

CHICKALOON-MOOSE CREEK NATIVE ASSOCIATION, INC.; Knikatnu, Inc.; Ninilchik Native Association, Inc.; Tyonek Native Corporation; Cook Inlet Region, Inc.; Seldovia Native Association, Inc., Plaintiffs-Appellants, v. Gale A. NORTON, Secretary of the Interior; Tom Allen; Brenda Zenan; Terry Hassett; United States of America; U.S. Department of the Interior; Bob Armstrong, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2004.

Attorney(s) appearing for the Case

David C. Crosby, Juneau, Alaska; Bruce E. Gagnon, Atkinson, Conway & Gagnon, Inc., Anchorage, Alaska; James D. Linxwiler, Guess & Rudd, PC, Anchorage, Alaska, for the appellants.

Andrew C. Mergen, Lisa E. Jones, United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for the appellees.

Rebecca L. Bernard, Trustees for Alaska, Anchorage, Alaska, for the amici curiae.

Before: HARRY PREGERSON, WILLIAM C. CANBY, Jr., and SIDNEY R. THOMAS, Circuit Judges.

Argued and Submitted August 12, 2003 — Anchorage, Alaska.

Opinion by Judge Canby.

OPINION

CANBY, Circuit Judge:

The Alaska Native Claims Settlement Act of 1971 ("ANCSA"), 43 U.S.C. § 1601 et seq., extinguished all aboriginal title in Alaska and, in partial compensation, provided for Native villages to select specified acreages of land from the public domain. Id. at § 1611. The selection process ran into difficulties...

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