Essential Questions
Describe the major reasons given for statehood and explain how those reasons are reflected in the Alaska State Constitution.
Americans sometimes complain about feeling alienated from their elected officials and from the seats of power. Is such alienation true in Alaska? Explain, and link the explanation to Alaska's state and local governance structure.
Alaska Native Claims Settlement Act 1971 - Discuss two ways that this legislation has impacted Alaska, and two specific ways that it has impacted Alaska Natives.
Alaska National Interest Lands Conservation Act 1980 has been supported and derided by Alaskans, both in 1980 when it was passed and today. Describe three impacts of this landmark legislation.
Alaska Permanent Fund - $41+ billion. It is our "rainy day account". So, is it "raining" yet? How hard is it raining? Is it time to spend some of the earnings of the AK Permanent Fund to provide for state services? What arguments would you present to legislators reluctant to confront this issue?
Pick one contemporary issue from your region and discuss - explain the issue, identify the major players and their positions.
Engage
Of all the Alaska related federal legislation over the last fifty years, the Alaska Native Claims Settlement Act (1971) and the Alaska National Interest Lands Conservation Act (1980) stand out as the most significant. The process by which these acts eventually became law reflects the many players, diverse perspectives and agendas, and various issues of the time. The impacts are part of Alaska today; impacts which will continue far into the future.
This module will introduce ANCSA and ANILCA, and will offer a description of how these acts demonstrate the complex interplay of federal-state relations.
Alaska Native Claims Settlement Act of 1971 was the largest Native claims settlement ever reached between the U.S. government and Native Americans. It was the result of decades of Native claims, and leaders of the movement relied on a series of federal documents, starting with 1867 Treaty of Cession, that, while not granting land title to Alaska Natives, also never specified a denial of claims. Most of the documents referred to a Congressional settlement at some point in the future.
Early leadership was provided by Alaska Native Brotherhood and Sisterhood (1912/1915) and other Native organizations, including tribal governments recognized under the Indian Reorganization Act of the 1930's.
In the same year as statehood came a federal court decision in the Tlingit-Haida case, which had been working its way through the Alaska Native Brotherhood and federal government system since 1929. While this decision provided compensation rather than land title, it lent credence to the validity of Native claims.
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| AK Federation of Natives Logo www.afn.org |
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| Prudhoe Bay and TAPS AP graphic |
Encroachment on traditional Native lands accelerated during and after World War II. Alaska Natives who had served in WW II expected better treatment in the post-war years. The civil rights movement was growing in the Lower 48. Several events in the 1950's and 1960's propelled the movement and brought together a coalition of diverse players who, for various reasons, wanted to see the issue of Alaska Native land claims resolved. These events include, but are not limited to, the Rampart Dam project, state land selections as a result of the statehood act, and Project Chariot. The Tundra Times newspaper was founded in 1962 to put a spotlight on these issues, and the Alaska Federation of Natives was founded in 1966 to create one organization to represent AK Native interests to deal with Congress. The event which proved to be a major catalyst for a land settlement was the discovery of oil on the North Slope. A pipeline was necessary to get the oil to a port for shipment, and easements for such a pipeline were stalled by the question of who owned the land over which the pipeline would pass. Clearly, the oil industry was anxious for a settlement.
So, what are the basics of this legislation? One must first identify the major players and what they wanted:
federal government - resolution to issue of Native claims, tax revenue from Prudhoe Bay
state of Alaska- resolution, resumption of state land selections, oil taxes/royalites (90%!)
Alaska Natives- title to claimed land and compensation for any claims given up
the oil industry- resolution so pipeline construction could begin, oil and money to flow
environmentalists - land in Alaska to be set aside and protected
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| ANCSA Signed by Nixon, 12/18/71 Tundra Times 12/22/71 |
What did they get? After months of intense negotiations and compromise, ANCSA was signed by President Nixon on Dec. 18, 1971. The federal government, the state of Alaska, and the oil industry essentially got what they wanted. Environmentalists got a promise (ANCSA Section (d) (2) )that land would be aside in the future.
Alaska Natives? The major provisions of ANCSA:
43.7 million acres of land
$962.5 million as compensation for land claims given up
creation of regional and village corporations as vehicles for land/money distribution and management.
The act also terminated the 1906 Native Allotment Act, revoked all reservations except for the Annette Island Reserve, and according to most interpretations, extinguished any future Native claims.
Who could be a shareholder? Any person who was at least 1/4 AK Native or considered Native by the village, and who was born on/before Dec. 18. 1971, and who enrolled. These individuals received 100 shares of stock in the regional and village corporation (there are variations to this example).
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| Boundaries of AK Native Regional Corporations www.cr.nps.gov |
The establishment of the corporations, enrollment of shareholders, selection of lands, and start up of corporate ventures created a steep learning curve for all involved. Congress had granted certain protections on corporate land and stock for twenty years, and in that period, it became clear that amendments to ANCSA were needed to provide flexibility for the corporations and to allow the option of extending the protections. There were also numerous weaknesses and omissions in the original legislation. ANCSA has been amended many times, but the most important amendments were signed in 1989 by President Reagan and allowed each corporation to make decisions regarding issuance to stock to those born after 1971, special stock for elders, rights of dissenters, and protection of corporate assets.
Today the twelve in-state Native regional corporations and over 200 village corporations. The regional corporations have grown and matured to become integral parts of the AK economy. Several are consistently listed in the top corporations in the state. They are economic drivers with varied investments and business activities, both in state and out. The success of village corporations has varied; several have merged for greater efficiency and capital resources.
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| AK Native Regional Corporations - in color www.dec.alaska.gov |
This very cursory overview of ANCSA is just a starting place to learn about what transpired to create the Native corporations. Not all AK Natives supported the legislation. Not all were fully informed at the time (recall the communications challenges). Others became disillusioned when the defect of the act became known, or when ordinary rural residents didn't see any benefits of the act filtering down to them. One of the greatest concerns was the potential loss of Native lands (owned by the corporation) if the corporation became insolvent. That led to a resurgence in the 1980's of the tribal governments who often saw the tribes as a more appropriate entity for holding the land and ensuring survival of the culture.
Explore
There are dozens of resources on this topic, varying in level of detail.
From the AK History/Culture Studies site, read Modern Alaska:ANCSA. There are many links on this site. Browse as you can.
The Alaskool site provides many references. Take a look at what is available. Among the best for the history of ANCSA is the classic Alaska Native Land Claims book ed. by Robert D. Arnold.
To learn about the current functioning of the Alaska Native corporations, go to the website for each. Typically these sites include corporation history, current activities, and an archive of the annual reports.
13th Regional Corporation (formed 1975 for AK Natives living out of Alaska - given money but no land. This corporation has struggled and is under investigation. There is no current website.)
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| Alaskans Protest Against President Carter and ANILCA ca. 1978 www.pbs.org/nationalparks |
