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For decades, the United States Department of the Interior's land acquisition regulations included an "Alaska Exception" that barred acquisition of land into trust in Alaska apart from those acquisitions made for the Metlakatla Indian Community. Although the "Alaska Exception" was initially removed from the regulations in 2014, the fight continues over land-into-trust acquisitions within Alaska. Throughout these debates, the state of Alaska has consistently opposed land-into-trust acquisitions. This Practitioner Guide provides an overview of the recent history of land-into-trust acquisitions in Alaska and analyzes the juxtaposition of the intent behind Alaska's "State Recognition of Tribes" in House Bill 123 and the continuing state opposition to land-into-trust applications. Specifically, this Practitioner Guide argues that, without state collaboration and cooperation with Tribal Nations on land-into-trust issues, House Bill 123, which was meant to signify "the State's desire to foster engagement with Alaska Natives and tribal organizations," ultimately rings hollow.
Gloria R. Jacobsen, Alaska’s Recognition of Tribes: Alaska House Bill 123 and Tribal Trust Lands, 40 Alaska Law Review 411-435 (2024)
Available at: https://scholarship.law.duke.edu/alr/vol40/iss3/4
