Babbitt

The State of Aaska (“State” or “Aaska”) appeals the district court’s order dismissing its complaint for lack of subject matter jurisdiction. The issue presented is whether the Indian lands exception to the Quiet Title Act, 28 U.S.C. § 2409a, precludes the State from invoking the jurisdiction of the district court to review a final administrative agency decision pursuant to Section 702 of the Administrative Procedures Act, 5 U.S.C. § 702 . For the reasons discussed below, we affirm.

Factual and Procedural Background

This case involves a Native allotment claim of Dinah Abert (“Abert”), now deceased, that is now being pursued by her heirs. On January 11, 1966, Abert filed an application pursuant to the Aaska Native Alotment Act of 1906 (“1906 Alotment Act”) 1 , which authorized the Secretary of the Interior (the “Secretary”) to allot up to 160 acres of land to any Aaska Native as a homestead. A-bert’s application described property consisting of an island located in the middle of the Tanana River near Nenana, Aaska, which she claimed to have used since 1938. On April 19, 1966, Abert signed a document relinquishing her claim to the island. On September 12, 1967, Abert filed another…