Alaska Native Claims Settlement Act

The Alaska Native Claims Settlement Act, commonly abbreviated ANCSA, was signed into law by President Richard M. Nixon on December 23, 1971, the largest land claims settlement in United States history. ANCSA was intended to resolve the long-standing issues surrounding aboriginal land claims in Alaska, as well as to stimulate economic development throughout Alaska. The settlement extinguished 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.

Background

In 1968, the Atlantic-Richfield Company discovered oil at Prudhoe Bay on the Arctic coast, catapulting the issue of land ownership into headlines.^[1] In order to lessen the difficulty of drilling at such a remote location and transporting the oil to the lower 48 states, the best solution seemed to be building a pipeline to carry the oil across Alaska to the port of Valdez, built on the ruins of the previous town. At Valdez, the oil would be loaded onto tanker ships and sent by water to the contiguous states. The plan was approved, but a permit to construct the pipeline, which would cross lands involved in the native dispute, could not be granted until the Native claims had been settled.

With major petroleum dollars on the line, there was a new urgency for an agreement, and, in 1971, the Alaska Native Claims Settlement Act was signed into law by President Nixon, which abrogated Native claims to aboriginal lands.^[2] In return, they received up to 44 million acres (180,000 km²) of land and were paid $963 million. The land and money were divided among regional, urban, and village corporations. The settlement compensated the Natives for the collaborative use of their lands and opened the way for all Alaskans to profit from oil, one of the state's largest natural resources.

Effect of land conveyances

ANCSA and related legislation produced changes in ownership of about 148,500,000 acres (601,000 km²) of land in Alaska once controlled by the Federal Government. That is larger by 6,000,000 acres (24,000 km²) than the combined areas of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland and Virginia.^[3]

Selected provisions of ANCSA

• Native claims to almost all of Alaska were extinguished in exchange for approximately one-ninth of the state's land plus $962.5 million in compensation distributed to 200 local village and 12 Native-owned regional corporations, plus a thirteenth corporation comprising Alaska Natives who had left the state.
• 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.
• Of the approximately 80,000 Natives enrolled under ANCSA, those living in villages (approximately 2/3s of the total) would receive 100 shares in both a village and a regional corporation.
• The remaining 1/3 would be "at large" shareholders with 100 shares in a regional corporation plus additional rights to revenue from regional mineral and timber resources.
• The Alaska Native Allotment Act was revoked and as yet unborn Native children were excluded.
• 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 km²) were patented to the Native village and regional corporations
• 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"

Alaska Native regional corporations

Main article at: Alaska Native Regional Corporations

The following thirteen regional corporations were created under ANCSA:

• Ahtna, Incorporated
• The Aleut Corporation (TAC)
• Arctic Slope Regional Corporation (ASRC)
• Bering Straits Native Corporation (BSNC)
• Bristol Bay Native Corporation (BBNC)
• Calista Corporation
• Chugach Alaska Corporation (CAC)
• Cook Inlet Region, Inc. (CIRI)
• Doyon, Limited
• Koniag, Incorporated
• NANA Regional Corporation (NANA)
• Sealaska Corporation
• The 13th Regional Corporation

Also, most of these corporations set up nonprofit corporations of their own.

Alaska Native village corporations

ANCSA created about 200 separate "village corporations." Below is a short list of some of the village corporations created under ANCSA:

• Ukpeagvik Iñupiat Corporation the village corporation for Barrow, Alaska
• Bethel Native Corporation, the village corporation for Bethel, Alaska
• Cape Fox Corporation, the village corporation for Ketchikan, Alaska
• Deloycheet, Inc. The village corporation for Holy Cross, Alaska
• Huna Totem Corporation, the village corporation for Hoonah, Alaska
• Haida Corporation the village corporation for Hydaburg, Alaska
• Goldbelt, Inc. Juneau, Alaska's urban native corporation
• Paug-Vik, Inc. Ltd. The village corporation for Naknek
• Chenega Corporation The village corporation for Chenega in Prince William Sound
• [Afognak Native Corporation http://www.afognak.com/]
• [Kavilco Incorporated http://www.kavilco.com/] the village corporation for [Kasaan, Alaska]
• [Klukwan, Inc. http://www.klukwan.com/]
• [The Kuskokwim Corporation http://www.kuskokwim.com/]
• [Natives of Kodiak, Inc. http://www.nativesofkodiak.com/]
• [Ounalashka Corporation http://www.ounalashka.com/]
• [Ouzinkie Native Corporation http://www.ouzinkienativecorporation.com/]
• [Shee Atika, Incorporated http://www.sheeatika.com/]

A more complete listing is available at www.ancsa.net.

Land selection by the State of Alaska under the Statehood Act and for the regional and village corporations has continued through the present.

See also

• Alaska Land Transfer Acceleration Act

Notes

References

• Arthur Lazarus, Jr. & W. Richard West, Jr., The Alaska Native Claims Settlement Act: A Flawed Victory, Law & Contemp. Probs., Winter 1976.
• J. Tate London, The "1991 Amendments" to the Alaska Native Claims Settlement Act: Protection for Native Lands?, 8 Stan. Envtl. L.J. 200 (1989)
• John F. Walsh, Settling the Alaska Native Claims Settlement Act, 38 Stan. L. Rev. 227 (1985).

External links

• The Alaska Native Claims Settlement Act Resource Center run by Landye Bennett Blumstein LLP.
• Alaska Native Land Claims Settlement Act of 1971. Through Arctic Circle, University of Connecticut.
• Revisiting the Alaska Native Claims Settlement Act (ANCSA). Through Alaskool.
• Alaska Native Claims Settlement Act Network (ANCSA.net)
• "Native Experience" A four part television documentary series about the impact of oil and mineral development on the Native cultures of Alaska, dealing in particular with the historical background leading up to ANCSA and the experiences, memories and perceptions of both natives involved in the lands claim and their descendants today in rural Alaska. The series website includes many images from the television series as well as background information on the subject. "Native Experience" was produced by Adrian Redmond of Channel 6 Television in Denmark.
• Alaska Native Corporation Links

Further reading

• James D. Linxwiler, The Alaska Native Claims Settlement Act: The First Twenty Years Paper 2, Proceedings from the 38th Annual Rocky Mountain Mineral Law Institute (1992)
• Alaska Natives and American Laws 2nd ed Authors: Case, David S.Voluck, David A. ISBN 978-1-889963-07-5
• Village journey; the report of the Alaska Native Review Commission by Thomas R. Berger pub. 1995 ISBN 0-8090-1579-X
• GAO Report: Increased Use of Alaska Native 8(a) Firms Calls for Increased Oversight