Albert Shields, Jr., Heir of Albert Shields, Sr. v. United States of America

Appellant class, approximately 200 applicants for allotments under the 1906 Alaska Native Allotment Act, appeal a district court decision holding that the Allotment Act requires the applicant to establish personal, rather than ancestral, use and occupancy of the land prior to its withdrawal for national forests. We affirm.

I.

In 1906 Congress passed the Alaska Native Allotment Act, Pub.L. No. 171, 34 Stat. 197 (amended 1956, repealed 1971), which authorized the Secretary of the Interior to grant Alaska Natives allotments of up to 160 acres. In 1956 Congress amended the Allotment Act. Act of Aug. 2,1956, Pub.L. No. 931, 70 Stat. 954 (codified at 43 U.S.C. §§ 270-1 to 270-3 (1970) (repealed 1971)) (“Allotment Act”). The text of the 1906 Allotment Act became section 1, and was amended to allow alienation. Section 2 provided that allotments in national forests could be made

Section 3 provided that no allotment (whether in or outside a national forest) could be made except on proof of five years “substantially continuous use and occupancy” by the applicant.

On December 13, 1971 Albert Shields, Sr. filed an application for an allotment of 160 acres of land presently within the…