Minchumina Natives, Inc. v. United States Department of the Interior

MEMORANDUM *

Minchumina Natives, Inc. (“MNI”) seeks land under the Alaska Native Claims Settlement Act (“ANCSA”), 43 U.S.C. §§ 1601 -1629h. MNI brought suit against the United States Department of the Interior (“DOI”) requesting declaratory relief. The district court dismissed the claim, holding that MNI lacks corporate capacity to sue. We affirm.

We recognize that the entity before this court is the current iteration of the for-profit corporation that was created in 1975. ANCSA provides that in order to claim land, an entity must be incorporated “under the laws of Alaska.” 43 U.S.C. § 1613 (h)(2). Here, the for-profit corporation was dissolved in 1993. At the time MNI applied for reinstatement in November 2005, it did not qualify for reinstatement under Alaska law. The plain language of Alaska Stat. § 10.06.960 (k) limits its application to “Native village corporations” formed under ANCSA. MNI is not now and never has been a “Native village corporation” under § 10.06.960(k) or a “Village Corporation” under ANCSA because it does not have twenty-five or more members. See 43 U.S.C. §§ 1602 (c), (j).

There is no indication that the Alaska legislature intended the term “Native…