Bitonti, Tanya v. Alaska Regional Director, 43 IBIA 205 (2006)

Extract

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Bitonti, Tanya v. Alaska Regional Director, 43 IBIA 205 (2006)

Order Affirming Decision Docket No. IBIA 04-127-A August 4, 2006

Tanya Bitonti (Appellant) seeks review of a June 17, 2004 decision of the Alaska Regional Director, Bureau of Indian Affairs (Regional Director; BIA), retroactively approving a May 24, 1994 quitclaim deed to Lot 8, Block 1, U.S. Survey 1570, Townsite of Hydaburg, Alaska, executed by Esther Nix (now deceased) in favor of Jolene Edenshaw, Nix's granddaughter. In his decision, the Regional Director also determined that an April 29, 1988 gift deed, signed by Nix, in favor of Rose Bitonti (Bitonti) (now deceased), Appellant's mother and Nix's granddaughter, for Lots 7 and 8, Block 1, U.S. Survey 1570, Townsite of Hydaburg, Alaska, was invalid because it was never approved by BIA. Appellant identifies herself as the successor-in-interest to Bitonti's estate 1/, and argues on appeal that in 1988 BIA approved the 1988 gift deed conveying Lots 7 and 8 to Bitonti, and that the Regional Director therefore lacked authority to retroactively approve the May 24, 1994 quitclaim deed in favor of Edenshaw. For the reasons stated below, we affirm the Regional Director's decision to retroactively approve the 1994 deed.

Background

Nix was an enrolled member of the Tlingit and Haida Indian Tribes of Alaska (Tribe). On July 1, 1977, Nix received Native restricted title to Lots 7 and 8, Block 1, U.S. Survey 1570, Townsite of Hydaburg, Alaska, pursuant to the Alaska Native Townsite Act of May 25, 1926, 44 Stat. 629, formerly codified at 43 U.S.C. § 733 (1970).

Appellant,

ALASKA REGIONAL DIRECTOR,

1/ Bitonti died on June 10, 1996, apparently leaving several surviving children, including Appellant. Fo...

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