However, this Court has found that, although the Settlement Act foreclosed review of certain of plaintiffs' claims, it did not foreclose review of federal officers' actions relating to pre-Settlement Act trespasses.
There might conceivably be some cases in which "the immunity doctrine is so transcending as to require dismissal of the suit" despite claims based on the Administrative Procedure Act, State of Washington v. Udall, 417 F.2d 1310, 1320 (9th Cir. 1969), but this does not appear to be such a case. Whether this suit should result in a recovery of damages from the individual defendants
or in some form of equitable relief, e.g., an order requiring defendants to take action on plaintiffs' behalf to recover damages from any parties shown to have trespassed on plaintiffs' lands before extinction of their aboriginal title, it does not appear that the judgment would "interfere with the public administration" or "expend itself on the public treasury." Dugan v. Rank, 372 U.S. at 621, 83 S. Ct. at 1007, citing Land v. Dollar, 330 U.S. 731, 738, 67 S. Ct. 1009, 91 L. Ed. 1209 (1947). In ruling thus on the sovereign immunity defense, this Court is not intimating its views on the proper form of relief should plaintiffs prove their claims; it holds only that the doctrine of sovereign immunity is not a bar to the claims in this suit relating to pre-Settlement Act trespasses.
Finally, the Court finds no merit in the contention that Section 2(f) of the Settlement Act indicates that the Court lacks subject matter jurisdiction. That section provides that no provision of the Act shall be construed to grant jurisdiction for suits against the United States and its officers "with respect to the claims extinguished by the operation of this Act." The plaintiffs have not alleged jurisdiction on the basis of that Act. Among the jurisdictional grounds they do allege are 28 U.S.C. §§ 1331, 1332, and 1362. Nothing in Section 2(f) of the Settlement Act would clearly destroy these independent sources of jurisdiction, and the presumption is always in favor of judicial review. Barlow v. Collins, 397 U.S. 159, 167, 90 S. Ct. 832, 25 L. Ed. 2d 192 (1970); Abbott Laboratories v. Gardner, 387 U.S. 136, 141, 87 S. Ct. 1507, 18 L. Ed. 2d 681 (1967).
The Court cannot pretend that justice in a Platonic sense can be rendered in this case. Perhaps in an ideal system of moral accounting, plaintiffs would be entitled to all of the lands they have claimed regardless of the interests claimed by the State of Alaska and others in those lands. This Court is, however, not free to allow plaintiffs to proceed on such a theory when decisions of the Supreme Court and Acts of Congress foreclose it. The Court can, and it has here attempted to, set forth the framework within which plaintiffs can seek to establish the factual bases for the relief to which they are entitled under the Constitution and laws of the United States if their claims are proven.