Tyonek Native Corp. v. Secretary of the Interior

836 F.2d 1237, 1988 WL 1379
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 22, 1988
DocketNo. 86-3827
StatusPublished
Cited by10 cases

This text of 836 F.2d 1237 (Tyonek Native Corp. v. Secretary of the Interior) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tyonek Native Corp. v. Secretary of the Interior, 836 F.2d 1237, 1988 WL 1379 (9th Cir. 1988).

Opinions

PER CURIAM:

Plaintiffs Tyonek Native Corporation and Cook Inlet Region, Inc., appeal from the district court’s grant of partial summary judgment to defendants, the Secretary of the Interior and the Alaska Native Claims Appeal Board. The court upheld the defendants’ ruling that Tyonek, a village corporation created under the Alaska Native Claims Settlement Act, was not entitled under that Act to select lands that the state of Alaska had selected earlier pursuant to the 1956 Mental Health Act. We reverse.

Congress enacted the Alaska Mental Health Enabling Act, Pub.L. No. 84-830, 70 Stat. 709 (1956), to create resources for mental health care in the territory. The Act granted the territory the right to select up to one million acres of vacant, unappropriated and unreserved federal land within ten years of the effective date of the Act. Land so selected was to be held as a public trust.

When Alaska was admitted to the Union, the territory’s authority to select lands under the Mental Health Act was “confirmed and transferred” to the new state. See Alaska Statehood Act of 1958, Pub.L. No. 85-508 § 6(k), 72 Stat. 339, 343 (1958). In 1960, invoking section 202 of the Mental Health Act, the state selected 10,000 acres of land near the village of Tyonek. The Bureau of Land Management “tentatively approved” the state's selection, but this selection has not yet been patented to the state. Authority to select Mental Health lands ended in 1966.

In 1971, Congress enacted the Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601-1629a (1982). The Settlement Act (ANCSA) compensates Alaska Natives for lands taken from them by the United States following the purchase of Alaska from Russia in 1867. In return for the extinguishment of all Native claims to Alaska lands, ANCSA granted Alaska Natives approximately one billion dollars and forty million acres of land.

Tyonek Native Corporation is a Native village corporation formed under the Settlement Act, 43 U.S.C. § 1607 (1982). The village of Tyonek is on the northwest shore of Cook Inlet, across some 50 miles of water from Anchorage. Cook Inlet Region, Inc., is a Native regional corporation formed under the Settlement Act, 43 U.S.C. [1239]*1239§ 1606 (1982). Its boundaries encompass the village of Tyonek. In 1974, pursuant to the Settlement Act, 43 U.S.C. § 1610(a) (1982), Tyonek Native Corporation sought to select 9,800 acres of land located across the Chuitna river and near the village of Tyonek. This land was part of Tyonek hunting and fishing territory but it also was entirely within the 10,000 acres of Mental Health lands that the state had selected in 1960. The Bureau of Land Management rejected Tyonek’s application in 1976 because the state’s inchoate interest appeared to preclude native selection under section 1610(a).

In 1977, on behalf of the Secretary of Interior, the Alaska Native Claims Appeal Board denied Tyonek’s administrative appeal. In Re Appeal of Tyonek Native Corp., No. VLS 76-12 (ANCAB Jan. 10, 1977). Tyonek sought review in the United States District Court for the District of Columbia. The case was then transferred to the District of Alaska, and the State of Alaska intervened as a defendant. In 1986, on cross-motions for partial summary judgment, the district court ruled that the 9,800 acres were unavailable for Native selection because (1) they are not “public lands” within the meaning of section 1610(a)(1), and (2) they are not lands “selected by, or tentatively approved to, but not yet patented to, the State under the Alaska Statehood Act” within the meaning of section 1610(a)(2). Tyonek Native Corp. v. Secretary of Interior, 629 F.Supp. 554, 558 (D. Alaska 1986). The district court entered judgment in favor of the defendants pursuant to Fed.R.Civ.P. 54(b).

Tyonek on appeal argues that the 9,800 acres it seeks were “selected by, or tentatively approved to, but not yet patented to, the state under the Alaska Statehood Act,” and is therefore available for Native selection under section 1610(a)(2).

This case presents two conflicting canons of statutory construction. On one hand, statutes benefiting Native Americans should be construed liberally in their favor. See Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Eng’g, 467 U.S. 138, 149, 104 S.Ct. 2267, 2274, 81 L.Ed. 2d 113 (1984). On the other hand, we owe considerable deference to the interpretation of the Settlement Act by the Secretary of the Interior. See Doyon, Ltd. v. Bristol Bay Native Corp., 569 F.2d 491, 496 (9th Cir.), cert. denied, 439 U.S. 954, 99 S.Ct. 352, 58 L.Ed.2d 345 (1978); see also Monet v. INS, 791 F.2d 752, 753 (9th Cir.1986).

Because we find that the agency’s interpretation is contrary to the language of the applicable statutes, we need not determine the appropriate balance between these conflicting canons. See Fagner v. Heckler, 779 F.2d 541, 543 (9th Cir.1985) (observing that we need not “defer to an agency’s interpretation when there are compelling indications that the agency’s interpretation is wrong”).

In considering the administrative construction of statutes which an agency administers, we first must determine whether “Congress has directly spoken to the precise question at issue.” Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837, 842, 104 S.Ct. 2778, 2781, 81 L.Ed. 2d 694 (1984). “If the intent of Congress is clear,” we must give effect to that intent. Id. “[I]f the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s answer is based on a permissible construction of the statute.” Id. at 843. Our analysis thus begins with the language of the applicable statutes. United States v. Taylor, 802 F.2d 1108, 1113 (9th Cir.1986), cert. denied, — U.S.-, 107 S.Ct. 1309, 94 L.Ed.2d 164 (1987).

Section 1611(a) of the Settlement Act authorizes Native village corporations to select certain lands located in the vicinity of their villages. 43 U.S.C. § 1611(a) (1982). Section 1610(a)(2) makes available for Native selection “[a]ll lands ... selected by, or tentatively approved to, but not yet patented to, the state under the Alaska Statehood Act;”1 43 U.S.C. § 1610(a)(2) [1240]*1240(1982).

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836 F.2d 1237, 1988 WL 1379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyonek-native-corp-v-secretary-of-the-interior-ca9-1988.