[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 482 Agreed to Senate (ATS)]

<DOC>






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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