Alaska Native Claims Settlement Act
The Alaska Native Claims Settlement Act 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 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, 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 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, Bergt, Betty Mae Jumper, Earl Old Person, John C. Rainer, Martin Seneca Jr., Harold Shunk, and Joseph C. "Lone Eagle" Vasquez.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 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:
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 of land in Alaska once wholly controlled by the federal government. That is larger by 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 granted under the act. In some cases Native corporations received outside aid in surveying the land. For instance, Doyon, Limited 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 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 of the land claims it has made under ANCSA. The state is entitled to a total of 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. 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.