1 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA Land into Trust: Alaska Issues September 22-25, 2014 National Tribal Transportation Conference Anchorage, Alaska Presented by: Steve Osborne

2 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA Overview Benefits of Trust Land Alaska-Specific Issues Federal Land into Trust

3 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA Benefits of Trust Land Law enforcement Cultural resource protection Natural resource regulation (subsistence, etc.) Zoning

4 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA Alaska-Specific Issues On- or off-reservation acquisition? –Within ANCSA lands? –Within traditional homelands or “aboriginal territory”? –Within Village (and defined radius)? Proximity to reservation? Split estates: surface vs. subsurface?

5 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA Alaska-Specific Issues (cont.) BIA Regional Office capacity to process applications and oversee trust lands? California Fee-to-Trust Consortium –Response to termination and lack of land base –Tribal-federal workgroup started in 1998 –Goal: uniform and streamlined LIT process; increase trust land base –Pool tribal and federal resources to meet staffing needs –Meet on ongoing basis to adapt approach to changing needs

6 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA Federal Land into Trust Alaska composed of 63.8% federal lands Tribes can acquire federal lands through land swaps, the surplus/excess property process, and other means The BRAC example

7 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA Federal Land into Trust (cont.) NCAI Resolution REN (2013): Congress should amend federal land management laws to facilitate such transfers. –U.S. should offer at no cost if land subject to treaty rights or within reservation, former reservation, or aboriginal territory –U.S. should offer to nearest tribe at market value prior to competitive bidding if not within one of categories above

8 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA Federal Land into Trust (cont.) Part 151 process should not apply: property retains federal character. If Part 151 process does apply, State’s typical concerns about jurisdiction and taxes do not.

9 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA Discussion Questions/Comments? Thank you. Steve Osborne Hobbs Straus Dean & Walker, LLP