In 1980, for the purpose of enhancing the quantity and quality of renewable resources and to facilitate land management in Alaska with respect to federal, state, and Native lands, Congress created the Alaska Land Bank Program. 43 U.S.C. § 1636. On specified terms and conditions, private property, such as that owned by Settlement Act corporations, might be made subject to the program; and, if they were, certain benefits flowed to the private land-owners, amongst which was immunity from judgments. 43 U.S.C. § 1636(c)(2)(C) (1980). In 1988, Congress revisited the benefits portion of the Alaska Land Bank Program, enacting a new subsection 1636(d), which provided in pertinent part:
In 1980, for the purpose of enhancing the quantity and quality of renewable resources and to facilitate land management in Alaska with respect to federal, state, and Native lands, Congress created the Alaska Land Bank Program. 43 U.S.C. § 1636. On specified terms and conditions, private property, such as that owned by Settlement Act corporations, might be made subject to the program; and, if they were, certain benefits flowed to the private land-owners, amongst which was immunity from judgments. 43 U.S.C. § 1636(c)(2)(C) (1980). In 1988, Congress revisited the benefits portion of the Alaska Land Bank Program, enacting a new subsection 1636(d), which provided in pertinent part:(1) (A) Notwithstanding any other provision of law or doctrine of equity, all land and interests in land in Alaska conveyed by the Federal Government pursuant to the Alaska Native Claims Settlement Act [43 U.S.C.A. § 1601 et seq.] to a Native individual or Native Corporation or subsequently reconveyed by a Native Corporation pursuant to section 39 of that Act [43 U.S.C.A. § 1629e] to a Settlement Trust shall be exempt, so long as such land and interests are not developed or leased or sold to third parties from–
(i) adverse possession and similar claims based upon estoppel;
(ii) real property taxes by any governmental entity;
(iii) judgments resulting from a claim based upon or arising under–
(I) Title 11 or any successor statute,
(II) other insolvency or moratorium laws, or
(III) other laws generally affecting creditors’ rights;
(iv) judgments in any action at law or in equity to recover sums owed or penalties incurred by a Native Corporation or Settlement Trust or any employee, officer, director, or shareholder of such corporation or trust, unless this exemption is contractually waived prior to the commencement of such action; and
(v) involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust.Subsection 1636(d) contains a number of definitions which are important to this case,[3] but not to the resolution of the issue of this court’s jurisdiction. However, and pertinent to this court’s jurisdiction, subsection 1636(g) provides:
Defines where disputes must be litigated (state vs. federal), which affects cost, leverage, and practical enforceability for shareholders.