Stratman v. Leisnoi, Inc.

In 1976, Omar Stratman began his quest to challenge the Secretary of the Interior’s (the “Secretary”) certification of Woody Island as a native village under the Alaska Native Claims Settlement Act (“ANCSA”). Thirty-two years later, we must decide whether Congress ratified the Secretary’s favorable 1974 eligibility determination when, in 1980, it enacted the Alaska National Interest Lands Conservation Act (“ANILCA”) which listed Woody Island’s village corporation, Leisnoi, Inc. (“Leisnoi”), as a “deficiency village corporation” entitled to lands under ANCSA. We hold that it did. Therefore, we dismiss Stratman’s appeal as moot.Congress enacted ANCSA in 1971 in order to “resolve land disputes between the federal government, the state of Alaska, Alaskan Natives, and non-native settlers.” Leisnoi, Inc. v. Stratman, 154 F.3d 1062, 1064 (9th Cir. 1998). In its findings and declaration of policy, Congress recognized “an immediate need for a fair and just settlement” of aboriginal land claims that was to be “accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, [and] without litigation . . . .” 43 U.S.C. § 1601(a), (b). In furtherance of this basic purpose, “Alaskan Natives received, in exchange for the extinction of all claims of aboriginal title, approximately forty-four million acres of land and nearly $1 billion in federal funds.” Leisnoi, 154 F.3d at 1064. These resources were distributed amongst thirteen “Regional Corporations,” groups of Natives unified by a “common heritage and sharing common interests[,]” 43 U.S.C. § 1606(a), and an unspecified number of “Village Corporations,” corporate entities based around native villages. 43 U.S.C. § 1607. The native villages were defined to include “any tribe, band, clan, group, village, community, or association in Alaska” either listed by name or determined by the Secretary to have met certain requirements. 43 U.S.C. § 1602(c).To qualify as a “native village” under ANCSA, the Secretary must determine that:

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Adds precedent that influences how ANCSA corporations, regulators, and shareholders interpret governance rights and remedies.