Alaska Native Claims Settlement Act

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The Alaska Native Claims Settlement Act (ANCSA) was signed into law by President Richard Nixon on December 18, 1971, constituting what is still the largest land claims settlement in United States history. ANCSA was intended to resolve long-standing issues surrounding aboriginal land claims in Alaska, as well as to stimulate economic development throughout Alaska.

The settlement established Alaska Native claims to the land by transferring titles to twelve Alaska Native regional corporations and over 200 local village corporations. A thirteenth regional corporation was later created for Alaska Natives who no longer resided in Alaska. The act is codified in chapter 33 of title 43 of the US Code.

Background

Alaskan statehood

When Alaska became a state in 1959, section 4 of the Alaska Statehood Act provided that any existing Alaska Native land claims would be unaffected by statehood and held in status quo. Yet while section 4 of the act preserved Native land claims until later settlement, section 6 allowed for the state government to claim lands deemed vacant. Section 6 granted the state of Alaska the right to select lands then in the hands of the federal government, with the exception of Native territory. As a result, nearly 104.5 million acres (423,000 km) from the public domain would eventually be transferred to the state. The state government also attempted to acquire lands under section 6 of the Statehood Act that were subject to Native claims under section 4, and that were currently occupied and used by Alaska Natives. The federal Bureau of Land Management began to process the Alaska government's selections without taking into account the Native claims and without informing the affected Native groups.

It was against this backdrop that the original language for a land claims settlement was developed.

A 9.2-magnitude earthquake struck the state in 1964. Recovery efforts drew the attention of the federal government. The Federal Field Committee for Development Planning in Alaska decided that Natives should receive $100 million and 10% of revenue as a royalty. Nothing was done with this proposal, however, and a freeze on land transfers remained in effect.

Founding of the Alaska Federation of Natives (AFN)

In 1966, Emil Notti called for a statewide meeting inviting numerous leaders around Alaska to gather and create the first meeting of a committee. The historic meeting was held October 18, 1966 - on the 99th anniversary of the transfer of Alaska from Russia. Notti presided over the three-day conference as it discussed matters of land recommendations, claims committees, and political challenges the act would have in getting through congress. Many respected politicians and businessmen attended the meeting and delegates were astonished at the attention which they received from well-known political figures of the state. The growing presence and political importance of Natives was evidenced when members were able to gain election to seven of the sixty seats in the legislature.

When the group met a second time early in 1967, it emerged with a new name, The Alaska Federation of Natives (AFN), and a new full-time President, Emil Notti. AFN went on to profoundly change the human rights and economic stability of the Alaska Native population.

Native Land Claims Task Force

In 1967, Governor Walter Hickel summoned a group of Indigenous leaders and politicians to work out a settlement that would be satisfactory to Natives. The group met for ten days and asked for $20 million in exchange for requested lands. Among the other task force proposals were an outright grant of 1,000 acres per native village resident; a revenue-sharing program for state land claims and national mineral development projects; secured hunting and fishing rights on public lands; and a Native Commission to administrate state and federal compliance with the provisions of the claims settlement. They proposed receiving 10% of federal mineral lease revenue for ten years, once the freeze which had been placed on land patents to allow oil exploration was lifted.

Oil

In 1968, the Atlantic-Richfield Company discovered oil at Prudhoe Bay on the Arctic coast, catapulting the issue of land ownership into headlines. In order to lessen the difficulty of drilling at such a remote location and transporting the oil to the lower 48 states, the oil companies proposed building a pipeline to carry the oil across Alaska to the port of Valdez. At Valdez, the oil would be loaded onto tankers and shipped to the contiguous states.

The plan had been approved, but a permit to construct the pipeline, which would cross lands involved in the land claims dispute, could not be granted until the Native claims were settled. Hearings were held for the first time before the United States House's Subcommittee on Indian Affairs in July 1968. Among those who attended the hearings were officials and legislators, as well as Laura Bergt, Roger Connor, Thoda Forslund, Cliff Groh, Barry Jackson, Flore Lekanof, Notti, and Morris Thompson.

Government negotiations and policy

In 1969, President Nixon appointed Hickel as Secretary of the Interior. The Alaska Federation of Natives (AFN) protested against Hickel's nomination, but he was eventually confirmed. He worked with the AFN, negotiating with Native leaders and state government over the disputed lands. Offers went back and forth, with each rejecting the other's proposals. The AFN wanted rights to land, while then-Governor Keith Miller believed Natives did not have legitimate claims to state land in light of the provisions of the Alaska Statehood Act. On July 8, 1970, Nixon delivered a speech reversing the Indian termination policy in favor of allowing tribal self-determination. The following month, he established the National Council on Indian Opportunity, headed by Vice President Spiro Agnew, which included eight Native leaders: Frank Belvin (Choctaw), Bergt (Iñupiat), Betty Mae Jumper (Seminole), Earl Old Person (Blackfeet), John C. Rainer (Taos Pueblo), Martin Seneca Jr. (Seneca), Harold Shunk (Yankton-Sioux), and Joseph C. "Lone Eagle" Vasquez (Apache-Sioux).

During the state administration of Governor William A. Egan positions were staked out upon which the AFN and other stakeholders could largely agree. Native leaders, in addition to Alaska's congressional delegation and the state's newly elected Governor Egan, eventually reached the basis for presenting an agreement to Congress. Bergt attended a March 1971 conference of the National Congress of American Indians in Kansas City, Missouri and was able to persuade Agnew there to meet with national officials, herself, Christiansen, an Alaska State Senator; Al Ketzler, chair of the Tanana Chiefs Conference; and Don Wright, president of the Alaska Federation of Natives a week later. That meeting held on March 12, marked a turning-point in negotiations with the various parties. The proposed settlement terms faced challenges in both houses but found a strong ally in Senator Henry M. Jackson from Washington state. The most controversial issues that continued to hold up approval were methods for determining land selection by Alaska Natives and financial distribution.

With major petroleum dollars on the line, pressure mounted to achieve a definitive legislative resolution at the federal level. In 1971, the Alaska Native Claims Settlement Act was signed into law by President Nixon. It abrogated Native claims to aboriginal lands except those that are the subject of the law. In return, Natives retained up to 44 million acres (180,000 km) of land and were paid $963 million. The land and money were to be divided among regional, urban, and village tribal corporations established under the law, often recognizing existing leadership.

Alaskan officials were originally divided on the bill, though by 1970, with Interior Secretary Walter Hickel, Governor William Egan, Representative Nick Begich & Senators Ted Stevens & Mike Gravel all backing the bill, the opposition died down. Stevens was particularly strongminded, and was key in the bill's passage. Stevens, a freshman Senator for most of the fight, would later remark:

ANCSA was my baptism of fire as a Senator from Alaska .... It didn't occur to me that some Senators had the opportunity to ease into their jobs. Life in the Senate for me was fast-paced from the beginning .... With my experience working in the Department of the Interior and with the Statehood Act, and my faith in the determination and unity of purpose of Alaska's Native people, I believed from the beginning that a settlement could be achieved .... My memories of the Congressional action as ANCSA took shape aren't of a battle as much as they are of long hours of tough, hard negotiating, often two steps forward and one step back ....

Effect of land conveyances

In 1971, barely one million acres of land in Alaska were in private hands. ANCSA, together with section 6 of Alaska Statehood Act, which the new act allowed to come to fruition, affected ownership to about 148.5 million acres (601,000 km) of land in Alaska once wholly controlled by the federal government. That is larger by 6 million acres (24,000 km) than the combined areas of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland and Virginia.

When the bill passed in 1971, it included provisions that had never before been attempted in previous United States settlements with Native Americans. The newly passed Alaska Native Claims Settlement Act created twelve Native regional economic development corporations. Each corporation was associated with a specific region of Alaska and the Natives who had traditionally lived there. This innovative approach to native settlements engaged the tribes in corporate capitalism.

The idea originated with the AFN, who believed that the Natives would have to become a part of the capitalist system in order to survive. As stockholders in these corporations, the Natives could earn some income and stay in their traditional villages. If the corporations were managed properly, they could make profits that would enable individuals to stay, rather than having to leave Native villages to find better work. This was intended to help preserve Native culture.

Native and state land selection

Alaska Natives had three years from passage of ANCSA to make land selections of the 44 million acres (180,000 km) granted under the act. In some cases Native corporations received outside aid in surveying the land. For instance, Doyon, Limited (one of the 13 regional corporations) was helped by the Geophysical Institute of the University of Alaska. The Institute determined which land contained resources such as minerals and coal. NASA similarly provided satellite imagery to aid in Native corporations finding areas most suited for vegetation and their traditional subsistence culture. The imagery showed locations of caribou and moose, as well as forests with marketable timber. In total about 7 million acres (28,000 km) were analyzed for Doyon. Natives were able to choose tens of thousands of acres of land rich with timber while Doyon used mineral analysis to attract businesses.

The state of Alaska to date has been granted approximately 85% or 90 million acres (360,000 km) of the land claims it has made under ANCSA. The state is entitled to a total of 104.5 million acres (423,000 km) under the terms of the Statehood Act. Originally the state had 25 years after passage of the Alaska Statehood Act to file claims under section 6 of the act with the Bureau of Land Management (BLM). Amendments to ANCSA extended that deadline until 1994, with the expectation that BLM would complete processing of land transfers subject to overlapping Native claims by 2009. Nonetheless, some Native and state selections under ANCSA remained unresolved as late as December 2014.

Criticism of ANCSA

There was largely positive reaction to ANCSA, although not entirely. The act was supported by Natives as well as non-Natives, and likewise enjoyed bipartisan support. Natives were heavily involved in the legislative process, and the final draft of the act used many AFN ideas.

Some Natives have argued that ANCSA has hastened cultural genocide of Alaska Natives. Some Natives critiqued ANCSA as an illegitimate treaty since only tribal leaders were involved and the provisions of the act were not voted on by indigenous populations. One native described it as a social and political experiment. Critics have also argued that Natives so feared massacre or incarceration that they offered no resistance to the act.

Others have argued that the settlement was arguably the most generous afforded by the United States to a Native group. They note that some of the largest and most profitable corporations in the state are the twelve created by ANCSA. Other critics attacked the act as "Native welfare" and such complaints continue to be expressed.

The corporation system has been critiqued, as in some cases stockholders have sold land to outside corporations that have leveled forests and extracted minerals. But supporters of the system argue that it has provided economic benefits for indigenous peoples that outweigh these problems.

Selected provisions of ANCSA

Native claims in Alaska were extinguished by means of section 4 of ANCSA.
In exchange for abrogating Native claims, approximately one-ninth of the state's land plus $962.5 million were distributed to more than 200 local Alaska Native "village corporations" established under section 8, in addition to 12 land-owning for-profit Alaska Native "regional corporations" and a non-land-owning thirteenth corporation for Alaska Natives who had left the state established under section 6.
Of the compensation monies, $462.5 million was to come from the federal treasury and the rest from oil revenue-sharing.
Settlement benefits would accrue to those with at least one-fourth Native ancestry under sections 3(b) and 5(a).
Of the approximately 80,000 Natives enrolled under ANCSA, those living in villages (approximately two-thirds of the total) would receive 100 shares in both a village and a regional corporation.
The remaining one-third would be "at large" shareholders with 100 shares in a regional corporation with additional rights to revenue from regional mineral and timber resources.
The Alaska Native Allotment Act was revoked but with the proviso that pending claims under that act would continue to be processed under section 18. Successful applicants would be excluded under ANCSA by section 14(h)(5) from land to be used for a primary residence.
The twelve regional corporations within the state would administer the settlement.
A thirteenth corporation composed of Natives who had left the state would receive compensation but not land.
Surface rights to 44 million acres (180,000 km) were patented to the Native village and regional corporations under sections 12(c), as well as 14(h)(1) and (8).
The surface rights to the patented land were granted to the village corporations and the subsurface right to the land were granted to the regional corporation, creating a split estate pursuant to section 14(f).

Alaska Native regional corporations

Main article: Alaska Native Regional Corporations

The following thirteen regional corporations were created under ANCSA:

Additionally, most regions and some villages have created their own nonprofits providing social services and health care through grant funding and federal compacts. The objectives of these nonprofits are varied, but focus generally on cultural and educational activities. These include scholarships for Native students, sponsorship of cultural and artistic events, preservation efforts for Native languages, and protection of sites with historic or religious importance.

Alaska Native village and urban corporations

ANCSA created about 224 village and urban corporations. Below is a representative list of village and urban corporations created under ANCSA:

Ukpeaġvik Iñupiat Corporation, village corporation for Utqiaġvik
Bethel Native Corporation, village corporation for Bethel
Cape Fox Corporation, village corporation for Saxman
Deloycheet, Inc., village corporation for Holy Cross
Huna Totem Corporation, village corporation for Hoonah
Haida Corporation, village corporation for Hydaburg
Goldbelt, Inc., urban corporation for Juneau
Paug-Vik, Inc. Ltd., village corporation for Naknek
Chenega Corporation, village corporation for Chenega
Afognak Native Corporation, village corporation for Afognak and Port Lions
Kavilco Incorporated, village corporation for Kasaan
Klukwan, Inc., village corporation for Klukwan
The Kuskokwim Corporation Archived 2010-08-15 at the Wayback Machine, village corporation for Aniak, Crooked Creek, Georgetown, Kalskag, Lower Kalskag, Napaimute, Red Devil, Russian Mission, Sleetmute and Stony River
Natives of Kodiak, Inc., urban corporation for Kodiak
Ounalashka Corporation, village corporation for Unalaska
Ouzinkie Native Corporation, village corporation for Ouzinkie
Shee Atika, Incorporated, urban corporation for Sitka

Notes

Among the appointees were politicians Raymond C. Christiansen, Willie Hensley, Carl E. Moses, John C. Sackett, and Jules Wright. Indigenous members included George Attla, Cecil Barnes, Laura Bergt, John Borbridge, Alice Brown, Harry Carter, Jerry Crow, Jeff David, Frank Degnan, Andrew Demonski, Mark Ewan, Richard Frank, Charles Franz, Tom Gregoroff, Eben Hopson, Axel Johnson, Flore Lekanoff, Tony Lewis, Byron Mallott, Emil McCord, Elva Naanes, Hugh Nicholls, Emil Notti, George Olson, Howard Rock, Harvey Samuelson, Walter Soboleff, Seraphim Stephan, Richard Stitt, George Trigg, Donald R. Wright and Lula Young.

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Worl, Rosita. "Reconstructing Sovereignty in Alaska," Cultural Survival Quarterly. (Fall 2001)

External links

v t e History of Alaska
	Timeline of Alaska	Prehistory Russian America (1733–1867) Department of Alaska (1867–1884) District of Alaska (1884–1912) Territory of Alaska (1912–1959) Recent history (1959–present)
	Topics and events	Russian-American Company Alaska Purchase Gold Rush era Klondike Nome Fairbanks Alaska boundary dispute 1925 serum run to Nome World War II Aleutian Islands campaign Project Hula Alaska Statehood Act 1964 earthquake Alaska Native Claims Settlement Act Alaska National Interest Lands Conservation Act Exxon Valdez oil spill History of Anchorage timeline History of Fairbanks Other topics

Aboriginal title in the United States

Statutes

Colonial era	Charter of Freedoms and Exemptions (1629 New Netherland) Royal Proclamation of 1763 (British North America) Confederation Congress Proclamation of 1783
United States	Northwest Ordinance (1787) Nonintercourse Act (1790, 1793, 1796, 1799, 1802, and 1834) Removal Act (1830) Dawes Act (1887) Diminishment Curtis Act of 1898 Reorganization Act (1934) Indian Claims Commission Act (1946) Indian Land Claims Settlements (1978–2006) Indian Claims Limitations Act (1982)

Precedents

Marshall Court	Johnson v. McIntosh (1823) Cherokee Nation v. Georgia (1831)
Taney Court	Fellows v. Blacksmith (1857) New York ex rel. Cutler v. Dibble (1858)
1890—1950	Seneca Nation of Indians v. Christy (1896) United States v. Santa Fe Pacific Railroad Co. (1941)
Warren Court	Tee-Hit-Ton Indians v. United States (1955) Federal Power Commission v. Tuscarora Indian Nation (1960)
Burger Court	Oneida Indian Nation of New York v. County of Oneida (1974) Wilson v. Omaha Indian Tribe (1979) County of Oneida v. Oneida Indian Nation of New York State (1985) South Carolina v. Catawba Indian Tribe (1986)
Rehnquist Court	Idaho v. Coeur d'Alene Tribe of Idaho (1997) Idaho v. United States (2001) City of Sherrill v. Oneida Indian Nation of New York (2005)

By state

Compare

v t e Rights of Native Americans in the United States
Case law	Johnson v. McIntosh (1823) Cherokee Nation v. Georgia (1831) Worcester v. Georgia (1832) Fellows v. Blacksmith (1857) New York ex rel. Cutler v. Dibble (1858) Standing Bear v. Crook (D. Neb. 1879) Ex parte Crow Dog (1883) Elk v. Wilkins (1884) Seneca Nation of Indians v. Christy (1896) Talton v. Mayes (1896) Lone Wolf v. Hitchcock (1903) United States v. Santa Fe Pacific Railroad Co. (1941) Tee-Hit-Ton Indians v. United States (1955) Williams v. Lee (1959) Federal Power Commission v. Tuscarora Indian Nation (1960) Menominee Tribe v. United States (1968) McClanahan v. Arizona State Tax Commission (1973) Oneida Indian Nation of New York v. County of Oneida (1974) Bryan v. Itasca County (1976) United States v. Antelope (1977) Santa Clara Pueblo v. Martinez (1978) Merrion v. Jicarilla Apache Tribe (1982) Solem v. Bartlett (1984) County of Oneida v. Oneida Indian Nation of New York State (1985) South Carolina v. Catawba Indian Tribe, Inc. (1986) Hodel v. Irving (1987) Mississippi Band of Choctaw Indians v. Holyfield (1989) Duro v. Reina (1990) South Dakota v. Bourland (1993) Idaho v. Coeur d'Alene Tribe of Idaho (1997) Idaho v. United States (2001) United States v. Lara (2004) City of Sherrill v. Oneida Indian Nation of New York (2005) Cobell v. Salazar (D.C. Cir. 2009) Adoptive Couple v. Baby Girl (2013) Sharp v. Murphy and McGirt v. Oklahoma (2020) Oklahoma v. Castro-Huerta (2022) List of United States Supreme Court cases involving Indian tribes
Legislation	Blood quantum laws (1705 onwards) Nonintercourse Act (1790,1793,1796,1799,1802,1834) Civilization Act (1819) Indian Removal Act (1830) Dawes Act (1887) Curtis Act (1898) Burke Act (1906) Indian Citizenship Act (1924) Indian Reorganization Act (1934) Indian arts and crafts laws (1935–2019) Oklahoma Indian Welfare Act (1936) Nationality Act (1940) Public Law 280 (1953) Indian Relocation Act (1956) Indian Civil Rights Act (1968) Alaska Native Claims Settlement Act (1971) Indian Self-Determination and Education Assistance Act (1975) American Indian Religious Freedom Act (1978) Indian Child Welfare Act (1978) Diminishment (1984) Indian Gaming Regulatory Act (1988) Native American Languages Act (1990) Native American Graves Protection and Repatriation Act (1990) Indian Arts and Crafts Act (1990) Cherokee Nation Truth in Advertising for Native Art (2008)
Federal and State recognition	Federal recognition of Native Hawaiians Legal status of Hawaii Federally recognized tribes State recognized tribes
Related	Aboriginal title Bureau of Indian Affairs Cherokee Commission Dawes Rolls Declaration on the Rights of Indigenous Peoples Eagle feather law Eagle-bone whistle Hunting license In the Courts of the Conqueror Indian reservations Long Walk of the Navajo National Indian Gaming Commission Native American civil rights Native American gaming Native American Rights Fund Recognition of sacred sites Seminole Wars Survivance Trail of Tears Treaty rights Tribal sovereignty Self-determination United States Congressional Joint Special Committee on Conditions of Indian Tribes

v t e Richard Nixon
37th President of the United States (1969–1974) 36th Vice President of the United States (1953–1961) U.S. Senator from California (1950–1953) U.S. Representative for CA–12 (1947–1950)
Presidency	Transition First inauguration Second inauguration Nixon Doctrine "Bring Us Together" Economic policies Nixon shock Tar Baby Option Environmental Protection Agency creation National Oceanic and Atmospheric Administration Space exploration 1971 National Cancer Act Vietnam War Cambodian bombing Paris Peace Accords "Peace with Honor" Vietnamization Silent majority Cold War period Linkage policy Drug Abuse Prevention and Control Act 1970 Lincoln Memorial visit 1972 visit to China Shanghai Communiqué Détente 1972 Moscow Summit Anti-Ballistic Missile Treaty SALT I Treaty Prevention of Nuclear War Agreement Threshold Test Ban Treaty Endangered Species Act National Commission on Marihuana and Drug Abuse War on Drugs Drug Enforcement Administration Cannabis policy Enemies List list of opponents Operation CHAOS Watergate timeline White House tapes United States v. Nixon Senate Watergate Committee impeachment process "I am not a crook" Resignation speech Pardon State of the Union Address 1970 1971 1972 1973 1974 Wilson desk Judicial appointments Supreme Court controversies Executive Orders Presidential Proclamations
Life and politics	Richard Nixon Foundation Presidential Library and Museum Birthplace and boyhood home Checkers speech 1958 motorcade attack Kitchen Debate Operation 40 "Last press conference" Florida White House "La Casa Pacifica" Nixon Center Nixon v. General Services Administration Death and state funeral
Books	Six Crises (1962) Bibliography
Elections	U.S. House of Representatives: 1946 1948 U.S. Senate: 1950 California gubernatorial election: 1962 GOP presidential primaries: 1960 1964 1968 1972 GOP national conventions: 1952 1956 1960 campaign 1968 campaign 1972 campaign Presidential elections: 1952 transition 1956 1960 debates Kennedy transition 1968 1972
Popular culture	"Nixon goes to China" Millhouse (1971 film) An Evening with Richard Nixon (1972 play) Richard (1972 film) Another Nice Mess (1972 film) Four More Years (1972 film) Impeach the President (1973 song) The Werewolf of Washington (1973 film) White House Madness (1975 film) All the President's Men (1976 film) The Public Burning (1977 novel) Washington: Behind Closed Doors (1977 miniseries) Secret Honor (1984 film) Nixon in China (1987 opera) The Final Days (1989 film) Nixon (1995 film) Elvis Meets Nixon (1997 film) Futurama (1999 TV series) Dick (1999 film) Nixon's China Game (2000 film) Dark Side of the Moon (2002 film) The Assassination of Richard Nixon (2004 film) Frost–Nixon interviews (2006 play, 2008 film) Black Dynamite (2009 film) "The Impossible Astronaut" (2011 TV episode) Our Nixon (2013 film) X-Men: Days of Future Past (2014 film) Crooked (2015 novel) Elvis & Nixon (2016 film) The Post (2017 film) Watergate (2019 board game) U.S. postage stamp
Related	Presidential Recordings and Materials Preservation Act Presidential Townhouse Richard Nixon mask
Staff	Jack Brennan (aide de camp) Murray Chotiner (early campaign manager) Manolo Sanchez (valet) Rose Mary Woods (secretary)
Family	Thelma "Pat" Ryan Nixon (wife) Tricia Nixon Cox (daughter) Julie Nixon Eisenhower (daughter) Christopher Nixon Cox (grandson) Jennie Eisenhower (granddaughter) Francis A. Nixon (father) Hannah Milhous Nixon (mother) Donald Nixon (brother) Edward Nixon (brother)
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