Cape Fox Corporation v. United States of America

This case concerns the rights of a Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act and the obligations of the federal government with regard to land selected under the Act to be transferred to a Native Village Corporation. The specific issues relate to an extension by the United States Forest Service of a pre-existing timber contract involving lands selected by a Native Village Corporation.

Cape Fox Corporation is a Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601-28 . ANCSA was passed by Congress for the purpose of settling “all claims by Natives and Native groups of Alaska, based on aboriginal land claims.” 43 U.S.C. § 1601 (a). The Act operated to extinguish the aboriginal land titles of all Alaska Natives, as well as any claims based upon aboriginal title. The Alaska Natives received in exchange 40,000,000 acres of land in fee simple and $962,500,000. See generally United States v. Atlantic Rich-field Co., 612 F.2d 1132 , 1134 (9th Cir.), cert. denied, -S.Ct.-, 101 S.Ct. 244 , 66 L.Ed.2d 113 (1980). In order to receive benefits under the Act, Native residents of Native…