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Expert Analysis

BIA Regulation Could Upend Tribal Law In Alaska

Law360, New York (June 3, 2014, 10:15 AM EDT) -- After decades of interpreting the Alaska Native Claims Settlement Act ("ANCSA") to preclude the federal government's acquisition of land in trust for tribes in Alaska, on May 1, 2014, the Bureau of Indian Affairs announced a proposed rule to eliminate the "Alaska Exception" from its trust regulations. Due to an interpretation of ANCSA adopted by the U.S. Department of the Interior in 1980, the current regulations that implement the department's authority to acquire land in trust for Indian tribes exclude land located in Alaska, except when acquired for the Metlakatla Indian Community. ...

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