The district court held that the action was barred by 43 U.S.C. § 1609(a),[2] which places time, venue, and party restrictions on actions challenging the constitutionality of the Alaska Native Claims Settlement Act, 43 U.S.C. § 1601, et seq. (“ANCSA”). The court concluded that although the party restriction, limiting challenges to those filed by an authorized official of the State of Alaska, was “of doubtful constitutionality,” the time and venue provisions independently disallowed the action. We affirm.
Plaintiff urges us to adopt a narrow interpretation of 43 U.S.C. § 1609(a). He suggests that applying the party restriction to all civil actions would raise serious constitutional questions, as the district court hinted. We may avoid these questions, he contends, by limiting the application of section 1609(a) to a narrow category of actions in which the State is vitally concerned, not including the action involved here.Plaintiff’s suggestion conflicts directly with the words of section 1609. That section expressly applies to “any civil action”. We are not free to ignore such a clear command. See Caminetti v. U. S., 242 U.S. 470, 485, 37 S. Ct. 192, 194, 61 L. Ed. 442 (1917). His interpretation would leave ANCSA open to challenge for an indefinite period. This would be inconsistent with ANCSA’s policy that the Alaska claims settlement “be accomplished rapidly, (and) with certainty. 43 U.S.C. § 1601(b). Plaintiff’s position is also inconsistent with the legislative history of ANCSA. Section 18(g)(2) of the Senate amendments to H.R. 10367 would have imposed time and venue limitations on a narrow category of actions by the State. However, that provision was not enacted. The current provision, applying to “any civil action” was adopted by the conference committee. S.Conf.Rept.No.92-581, 92d Cong. 1st Sess., 10-11 (1971). Further, the absence of any other limitations provision leads us to conclude that Congress intended section 1609(a) to apply as broadly as its words imply. Plaintiff’s action falls within its terms.The further question is whether the district court erred in applying the time and venue provisions to plaintiff’s complaint, or whether the dubious constitutionality of the party limitation of section 1609(a) vitiates that section entirely.
Adds precedent that influences how ANCSA corporations, regulators, and shareholders interpret governance rights and remedies.