DOI Rules Will Drastically Impact Alaska Land Management

Law360, New York (February 13, 2015, 11:30 AM EST) -- Recent actions by the Bureau of Indian Affairs and Alaska have the potential to change dramatically the control and management of vast areas of land in Alaska. Late last year, the BIA issued a final rule to allow land to be taken into trust for tribes in Alaska. 79 Fed. Reg. 76,888 (Dec. 23, 2014). More recently, Alaska has signaled that it is considering dismissing ongoing litigation regarding the legality of such actions, or potentially seeking federal legislation to resolve the question. As described in a previous article discussing the BIA's proposed rule, tribal jurisdiction over land in Alaska could result in far-reaching consequences, including the loss of state and local regulatory control over the land, the taxation and regulation of natural resource development (including the development of subsurface split estates owned by third parties), gaming under the Indian Gaming Regulatory Act and criminal jurisdiction over non-Indians. The BIA estimates that it will receive an average of 60 applications per year from tribes and individual Indians in Alaska. 79 Fed. Reg. at 76,896 (Paperwork Reduction Act estimates). In all likelihood, the total will be higher, and the amount of land affected will be very substantial....

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