Thomas Berger in "Village Journey": The Alaska Native
Claims Settlement Act "places the land in fee title, it makes the land
alienated and taxed." To the natives, land is inalienable; to western
culture it is an opportunity to receive economic gain. Natives received
44 million acres- 10% of Alaska total land mass, plus 962.5 million dollars.
The financial settlement works out to be not so significant, for each
at-large shareholder received $6525 and each villager received $375. The
land act has been declared by some to be "social engineering." Congress
insisted that economic gain must be principal in improving social and
economic circumstances within the villages and intended for the natives
to become integral in Alaskan economy. The Natives feel that the laws
are not necessary because they have existed in the arctic for so long
without these laws-they live by their own laws; the laws of the land.
Catch limits are deemed inappropriate because the natives would not have
survived for so long if they hadn't paid respect to the land. State-chartered
Native corporations now hold native land as private land fee simple. AFN
stated that Congress's 1971 expectation of subsistence protections by
state and federal administrators went unfulfilled. "The decade of
the 1970's saw a series of state laws, regulations and court decisions
that steadily took fish and game from the poorest and most traditional
people in the US and handed them to the urban, non-subsistence majority,
which controlled state policy by the weight of its vote."
Douglas Kemp Mertz for the Anchorage Daily News:
The watershed legislation for Alaska Natives was the
Alaska Native Claims Settlement Act ("ANCSA") of 1971, 43 U.S.C. §
1601 et seq.. Although there had been litigation over Native land claims
for years, pressure
for an overall settlement of Native claims did not come until the discovery
of large quantities of oil on Alaska's North Slope. The need to remove
obstacles to development of the oilfields and to construction of a trans-Alaska
pipeline to take the oil to markets in the contiguous states caused Congress
to address the claims with a final and far-reaching settlement.
ANCSA organized Alaskan Natives into twelve regional corporations, loosely
designed along ethnic and geographical lines, plus one corporation for
Alaskan Natives living outside the state; and village corporations for
each "Native village" with a predominantly Native character and a Native
population of at least 25. Over 200 Native villages eventually organized
ANCSA corporations under the state business corporation code, as did a
number of urban Native groups. The regional and village corporations received
the right to over 44 million acres of land, and they and their members
received nearly $1 billion in monetary payments. In return, all aboriginal
claims to lands and any aboriginal hunting and fishing rights in Alaska
were extinguished.
ANCSA was the high tide of assimilationism in Alaska.
Congress explicitly rejected any role in receiving or administering ANCSA
benefits for existing village councils and other groups organized under
the Alaskan IRA. Instead, it required organization under corporations
created under state law and subject to state regulation. Eventually all
land conveyed under ANCSA was to be subject to state taxation.
Village corporations were required to convey a portion of their lands
to the state-chartered municipality in the community, or if none existed,
to the state in trust for a future municipality. And all but one of the
existing reservations in the state were terminated.
Congress stated in the preamble to the
law that
the settlement should be accomplished . . . without establishing
any permanent racially defined institutions, rights, privileges, or obligations,
without creating a reservation system or lengthy wardship or trusteeship,
and without adding to the categories of property and institutions enjoying
special tax privileges...
The Department of the Interior has consistently interpreted
this language and the other provisions cited above as ending its trustee
duty to former reserve lands in Alaska and as ending its supervisory role
over those lands, and has refused to accept ANCSA land into trust status.
Since passage of ANCSA the Interior Department has withdrawn much of its
presence in rural Alaska. It turned the system of BIA schools over to
the state, which now provides all educational services in rural communities,
either directly or through municipalities. Most of the rural health care
system is now provided by the state. The Interior Department does not
maintain BIA personnel in rural communities or administer federal programs
as though the villages occupied reservations. State agencies treat Native
villages (except Metlakatla) as within the state's criminal, civil, and
regulatory jurisdiction.
From Dick and Mary Bishop: "1971 -- ANCSA including Section
4b which extinquishes all aboriginal rights -- including any hunting and
fishing rights which might exist."
Taylor Brelsford: "The U.S. Congress settled aboriginal claims
of Alaska Natives in the Alaska Native Claims Settlement Act. Though no
provisions on subsistence appear in the final bill, the legislative history
shows that the Congress expected the Secretary of the Interior to use
existing powers to protect the subsistence activities of Alaska Natives."
Alaska Federation of Natives Conference guide and agenda: "ANCSA
extinguished aboriginal hunting and fishing rights. NO law was enacted
on protection of subsistence, but the Conference Report stated Native
subsistence and subsistence lands would be protected by the State of Alaska
and Dept of the Interior."
University of Alaska Rural Development 255 Course Syllabus: "ANCSA:
Native Alaskans reveive 44 million acres of land and nearly $1 billion
in exchange for extinguishment of all "claims of aboriginal title...based
upon aboriginal use and occupancy,...including any aboriginal hunting
or fishing rights that may exist." Legislative history notes that the
Congress expected the Sec of the Interior and the state to protect subsistence
activities of Alaska Natives."
Heather Noble, Alaska Law Review: "To meet the 'immediate
need for a fair and just settlement of all claims by Natives and Native
groups of Alaska, based on aboriginal land claims' and to accomplish that
settlement 'rapidly, with certainty [and] in conformity with the real
economic and social needs of Natives, without litigation,' Congress enacted
ANCSA. This legislation accomplished two important tasks: (1) it extinguished
all claims to Alaska lands based on aboriginal title; and (2) it granted
money and land selection rights to a set of corporations established pursuant
to the Act, the stock of which is held by Natives throughout the state."
Scott Ogan, Representative in the Alaska State Legislature:
This act paid nearly one billion dollars and gave millions of acres of
land to the Native People of Alaska as a full and final settlement. This
act is similar to a treaty, therefore taking precedence over any previous
or consequent laws of Congress. "Section 4 of the Act, which was
a contract or settlement between the Native people of Alaska and the State
and Federal governments, said that by accepting the settlement, all claims
of the Native people to special hunting and fishing rights were forever
extinguished! Section 4 (b) of the Act states that: 'All aboriginal titles,
if any, and claims of aboriginal title in Alaska based on use and occupancy,
including submerged land underneath all water areas, both inland and offshore,
and including any aboriginal hunting and fishing rights that may exist,
are hereby extinguished.'"
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