[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 482 Agreed to Senate (ATS)]
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117th CONGRESS
2d Session
S. RES. 482
Recognizing the 50th anniversary of the Alaska Native Claims Settlement
Act and the lasting impact of that Act on the State of Alaska and
Alaska Native people.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 16, 2021
Mr. Sullivan (for himself and Ms. Murkowski) submitted the following
resolution; which was referred to the Committee on Indian Affairs
January 20, 2022
Committee discharged; considered and agreed to
_______________________________________________________________________
RESOLUTION
Recognizing the 50th anniversary of the Alaska Native Claims Settlement
Act and the lasting impact of that Act on the State of Alaska and
Alaska Native people.
Whereas the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
(referred to in this preamble as ``ANCSA'') was signed into law on
December 18, 1971, to settle long-standing issues of Alaska Native
aboriginal land claims in the State of Alaska (referred to in this
preamble as the ``State'');
Whereas the 1970s welcomed a new era of Federal Indian policy, one of economic
and self-determination, with the passage of ANCSA;
Whereas title to 44,000,000 acres of land and $962,500,000 were transferred to
Alaska Native people as a result of the land claims settlement under
ANCSA, including--
(1) title to property in the clearly defined traditional homelands of
Alaska Native people; and
(2) money to help compensate for the land Alaska Native people would
not receive;
Whereas the purpose of the land claims settlement under ANCSA was to ensure the
social and economic well-being of Alaska Native people without creating
a lengthy wardship under the Federal Government;
Whereas ANCSA mandated--
(1) the creation of--
G (A) 12 land-owning and for-profit Regional Corporations covering
all of the State; and
G (B) 1 non-land-owning Regional Corporation for non-residents of
the State; and
(2) the incorporation of over 200 Village Corporations and Urban
Corporations within each region of the State, either as for-profit or
nonprofit corporations, with the land, assets, and businesses of those
corporations to be owned by Native shareholders;
Whereas ANCSA redefined Alaska Native land ownership by conveying Native-owned
fee simple title to the newly created Native Corporations and, through
those Corporations, to Alaska Native shareholders of each Corporation,
rather than using the land ownership model used in the 48 contiguous
States of designating reservations held in trust by the Federal
Government;
Whereas, recognizing the uneven distribution of natural resources in the State
among the 12 regions in the State, subsections (i) and (j) of section 7
of ANCSA (43 U.S.C. 1606) include provisions that reflect the Alaska
Native values of sharing and cooperation;
Whereas, under section 7 of ANCSA (43 U.S.C. 1606)--
(1) 70 percent of the annual revenues of each land-owning Regional
Corporation derived from the land of that Regional Corporation are required
under subsection (i) of that section to be shared with all other Regional
Corporations; and
(2) Regional Corporations are then required, under subsection (j) of
that section, to share 50 percent of the revenues described in paragraph
(1) with--
G (A) the Village Corporations and Urban Corporations that are
located in the same region as the applicable Regional Corporation; and
G (B) the at-large shareholders of the applicable Regional
Corporation;
Whereas each Regional Corporation, at times, has received more shared revenue
under section 7(i) of ANCSA (43 U.S.C. 1606(i)) than internally produced
revenue, demonstrating the importance of incorporating the Alaska Native
values of sharing and cooperation into ANCSA;
Whereas, under ANCSA during the 50-year period preceding the date of adoption of
this resolution, Alaska Native people have managed their land
successfully, fostering sustainable businesses and creating employment
opportunities for all Alaskans, Native and non-Native, and people across
the United States and around the world;
Whereas ANCSA has benefitted all Alaskans--
(1) through diversifying the economy of the State; and
(2) by bringing revenue and expertise back to the State through Native
Corporation business ventures in the national and international realms;
Whereas ANCSA has been amended by almost every Congress since the enactment of
that Act in 1971, with some of the most significant and lasting
amendments being enacted in the Alaska Native Claims Settlement Act
Amendments of 1987 (Public Law 100-241; 101 Stat. 1788) (commonly known
as the ``1991 amendments'') (referred to in this preamble as the ``1991
amendments'');
Whereas among the provisions in the 1991 amendments was an extension of the
prohibition on the sale of Native Corporation stock in perpetuity unless
a majority of all shareholders of the applicable Native Corporation
voted to remove that restriction, which--
(1) enabled shares to be held mostly by the Alaska Native people; and
(2) allowed Alaska Native people to pass that stock from 1 generation
to the next and, as a result, increase the number of Alaska Native
shareholders in a Native Corporation;
Whereas another provision in the 1991 amendments allowed shareholders of each
Native Corporation to vote to include descendants of original
shareholders born after the date of enactment of ANCSA to become
shareholders regardless of date of birth;
Whereas the pioneering work of Alaska Native leaders of the mid-20th century
created a lasting legacy of professional, personal, and historic
economic success;
Whereas Alaska Native people have prospered from their own initiative and
innovative approaches to fostering economic development through self-
determination;
Whereas Alaska Native resiliency, leadership, and relentless work ethic have
developed and supported some of the previously most underserved regions
in the United States into some of the most thriving, improving life
expectancy and health conditions in those very regions;
Whereas subsequent to ANCSA ushering in the era of self-determination in Federal
Indian policy, the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.) (referred to in this preamble as the
``ISDEAA'') was enacted in 1975;
Whereas the ISDEAA defined Native Corporations as Indian Tribes for the purposes
of that Act;
Whereas, because of the ISDEAA, federally recognized Alaska Native Tribes and
Native Corporations have worked together to serve as providers for
health, housing, and other Tribal services;
Whereas, beyond monetary benefits to shareholders, Native Corporations, through
the structure and mandates of ANCSA, provide countless additional
benefits, including--
(1) scholarships;
(2) burial and funeral assistance;
(3) internships;
(4) language revitalization programs;
(5) careers; and
(6) culture camps;
Whereas education has, and continues to be, a key focus for Regional
Corporations, which is evidenced by the fact that all 12 land-owning
Regional Corporations have--
(1) education foundations to help support shareholders and descendants
who want to advance their educational endeavors; and
(2) as of the date of adoption of this resolution, awarded more than
54,000 individual scholarships;
Whereas Alaska Native people hold numerous positions of leadership in the State
and beyond, inspiring younger generations of Alaskans;
Whereas further improvements to ANCSA must continue in order to fulfill all of
the promises of ANCSA and all of the promises made by the Federal
Government to Alaska Native people;
Whereas the dedication and enthusiasm of the next generations of Alaska Native
leaders honors the previous generations of Alaska Native leaders who
worked diligently to achieve the most significant Native land settlement
in the history of the United States;
Whereas, with the adoption of Senate Resolution 351, 112th Congress, agreed to
December 17, 2011, the Senate recognized the importance of ANCSA; and
Whereas the people of the United States have reason to honor the tremendous
educational, social, political, economic, and cultural achievements of
Alaska Native people over the past 50 years: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes December 18, 2021, as the 50th anniversary
of the passage of the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) (referred to in this resolution as
``ANCSA'');
(2) commemorates the extensive achievements made by Alaska
Native people through the implementation of ANCSA, while
simultaneously maintaining their culture, traditions, and ways
of life, during the 50-year period preceding the date of
adoption of this resolution; and
(3) celebrates the successes of Alaska Native people during
that 50-year period, with optimism for the next 50 years and
beyond.
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