Native Allotments are held in trust for the allotee by the federal government. They are subject to federal law and have a complex relationship with public ROW that may adjoin or pass over them. This research paper intends to review several types of highway ROW and consider whether the allotment claim constitutes a reservation or valid existing right that may prevent the imposition of a highway right-of-way.
The documents linked below represent the majority of the references I had available when I wrote this paper in 2014. Cases such as the Purdy allotment in Chicken have since been completed but I have not updated the references here. Recognize that agency policy and guidance provided by the courts can change over time and that this paper may not represent the best or latest information.
Date | Documents |
---|---|
7/29/14 |
Highway Rights-of-Way and Alaska Native Allotments - A research paper discussing ROW & Allotments |
11/5/87 |
831 F2d 1440 Etalook v. Exxon Pipeline Co. - 9th Circuit Court of Appeals - Allotment straddline Dalton Highway |
7/31/79 |
Aguilar v. USA - United States District Court - Alaska - Memorandum and Order |
9/15/81 |
Arctic John Etalook v. State of Alaska - 633 P2d 264 - Native Allotment Straddling North Slope Haul Road |
2/9/83 |
Ethel Aguilar v. USA - Stipulated Procedures for Implementation of Order |
12/23/85 |
Alyeska Pipeline v. Esther Etalook et. al. - 625 F.Supp 1315 - US District Court Alaska |
6/29/87 |
IBLA 84-20 Golden Valley Electric Assn - BLM ROW Grant Null & Void over Native Allotment |
10/14/91 |
Policy for Reconveyance of Native Allotments - Department of Natural Resources |
7/23/93 |
Alaska State land Survey No. 89-237 - Aguilar Reconveyance survey by BLM (No Seal) |
10/17/07 |
Reservation of Omnibus Act ROW in Patents - DOI Regional Solicitor memo - Including Native Allotments |
7/28/13 |
MOA between Alaska DNR & BLM - Relocation of Native Allotments from lands previously conveyed to State |
2/28/14 |
Statement by Bristol Bay Native Assn - Regarding Aguilar Allotments |
6/19/14 |
Table of Alaska State Land Surveys for Native Allotments - ASLS Required for reconveyance of Aguilar Allotments |
n/a |
Aguilar Stipulations - Source unknown (3mb) |
varies |
Highway Public Land Orders - As published in the Federal Register |
8/8/14 |
Eskilida Allotment - McCarthy Road Conflict - BIA Correspondence & Case File (4mb) |
12/22/83 |
Right of Way On A Native Allotment - DOI Solicitor Memorandum |
6/25/84 |
Uses Of A State ROW Passing Through A Native Allotment - DOI Solicitor Memorandum |
9/30/85 |
Rights-of-Way Reservation on Native Allotments - DOI Solicitor Memorandum |
10/14/99 |
1906 Native Allotments - Evidence of Use - BLM Instructional Memorandum No. AK 2000-004 |
2/15/02 |
Subdivisions In The Unorganized Borough - DNR paper for Alaska Surveying Conference - Allotment excerpt |
3/29/04 |
Alaska Native Allotment Subdivision Act - Report to Congressional Committee |
10/18/04 |
Alaska Native Allotment Subdivision Act - Public Law 108-337 - 108th Congress |
n/a |
Restricted Native Lands - Publication by Kawerak Land Management Services - Nome |
n/a |
Native Allotment Act - Source unknown |
3/19/65 |
DOI Press Release - Allotment Regulations - DOI Office of the Secretary |
2/8/73 |
Restricted vs. Unrestricted Townsite Allotment - Letter from Townsite Trustee |
10/7/75 |
Haymond v. Scheer - Supreme Court of Oklahoma regarding restricted Indian lands |
3/18/80 |
USA v. Clarke - US Supreme Court - Inverse Condemnation of an Alaska Native Allotment |
6/1/81 |
Alaska Native Claims Settlement Act Report - Including discussion on Native Allotments |
2/7/83 |
Shields v. USA - US 9th Circuit Court - personal vs. ancestral use & occupancy - Class Action Suit |
1/5/90 |
Lewis Allotment Conflict - Intersection of Dalton & Elliott Highway - IBLA Appeal (3mb) |
8/25/94 |
SOA - DOT&PF IBLA 89-614 - Billum Allotment on McCarthy Road |
09/2004 |
GAO - Alaska Native Allotments - Report: Conflicts with Utility ROW (2mb) |
06/2007 |
Special Legal Status of Alaska Native Allotments - Report by Roger L. Hudson - DOI Solicitor (2mb) |
10/1/13 |
43 CFR 2561 Native Allotments - BLM Federal Regulations |
10/28/98 |
State of Alaska v. Harrison - US District Court Alaska regarding allotments, PLO ROW & released railroad townsite |
10/6/80 |
Stephan Northway Allotment - Plat of US Survey No 5349 |
10/11/07 |
Stephan Northway Allotment - Tanana Chiefs Conferrence letter to DOT&PF regarding Alaska Highway conflict |
10/29/07 |
Stephan Northway Allotment - DOT&PF reponse letter to TCC |
3/24/09 |
Stephan Northway Allotment - BLM Land Law Examiner memo - Correction of Allotment |
12/14/10 |
Stephan Northway Allotment - DOI Solicitor letter to AGO requesting resolution alternative to Aguilar |
1/6/11 |
Stephan Northway Allotment - AGO response letter to DOI Solicitor |
2/18/11 |
Stephan Northway Allotment - DOI Solicitor follow-up response letter to AGO |
3/31/11 |
Stephan Northway Allotment - AGO follow-up response letter to DOI Solicitor |
9/8/11 |
Stephan Northway Allotment - DNR Realty Services letter to BLM Branch of Adjudication |
1/3/12 |
Stephan Northway Allotment - DNR Realty Services letter to BLM declining to voluntarily reconvey |
11/24/64 |
Alfred E. Koenig - DOI/BLM Appeal - Regarding citation of RS-2477 ROW in Small Tract Patents |
5/21/80 |
ROW on Allotments - RS-2477 - DOI Solicitor memo to BIA Alaska |
11/13/85 |
IBLA 84-747 - Reservation of a public RS-2477 ROW over a Native Allotment (1mb) |
6/24/82 |
ANCAB VLS 80-51 - Alaska DOT&PF Appeal regarding citation of ANCSA 17(b) easement vs. RS-2477 |
3/20/13 |
Purdy Allotment - US District Court Complaint re: RS-2477 over Allotment at Chicken, AK |
8/27/13 |
Purdy Allotment - US District Court - Order re: RS-2477 over Allotment at Chicken, AK |
9/5/13 |
Purdy Allotment - US District Court Order re: RS-2477 over Allotment at Chicken, AK |
9/6/13 |
Purdy Allotment - US District Court - SOA Opposition to Purdy Motion - RS-2477 over Allotment at Chicken, AK |
12/23/13 |
Purdy Allotment - US District Court - Order re: RS-2477 over Allotment at Chicken, AK |
3/9/93 |
IBLA 89-474 - Alaska DOT&PF - Title 23 ROW Grants over Native Allotments |
5/26/93 |
Native Allotment - ROW Conflicts - AGO memo regarding Title 23 ROW Grant and Allotment Occupancy dates |
3/19/96 |
USA v. Evelyn Foster - US 9th Circuit Court - Material Site grant and Native Allotment |
11/21/00 |
IBLA 98-301 - Alaska DOT&PF - ROW Grant and Allotment Use & Occupancy |
4/19/01 |
Alaska v. USA - US District Court - Parks Highway Material Site and Bryant Native Allotment (1mb) |
11/16/01 |
Foster v. State DOT&PF - Alaska Supreme Court - Lack of jurisdiction - ROW Grant & Native Allotment |
12/2002 |
The Ninth Circuit Errs Again - Alaska Law Review - E. John Athens, Jr. (AAG) ROW Grant vs. Native Allotments |
11/15/10 |
GCI & Allotment Conflict Letter - Native Allotment No. AA-7791 - Letter to Allotee |
1/19/11 |
GCI Allotment Conflict Email - Re: GCI Trespass/Non-compliance with utility permit |