[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Senate]
[Page S4315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MURKOWSKI:
  S. 784. A bill to provide for the recognition of certain Native 
communities and the settlement of certain claims under the Alaska 
Native Claims Settlement Act, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise to introduce a bill to allow 
five Southeast Alaska communities to finally be allowed to form urban 
corporations under the terms of 1971's Alaska Native Claims Settlement 
Act, the Unrecognized Southeast Alaska Native Communities Recognition 
and Compensation Act.
  At the very beginning of the Alaska Native Claims Settlement Act of 
1971 there are a series of findings and declarations of congressional 
policy that explain the underpinnings of this landmark legislation.
  The first clause reads, ``There is an immediate need for a fair and 
just settlement of all claims by Natives and Native groups of Alaska, 
based on aboriginal land claims.'' The second clause states, ``The 
settlement should be accomplished rapidly, with certainty, in 
conformity with the real economic and social needs of Natives.''
  Mr. President, 37, going on 38, years have passed since the Alaska 
Native Claims Settlement Act became law and still the Native peoples of 
five communities in Southeast Alaska--Ketchikan, Wrangell, Petersburg, 
Tenakee and Haines--the five ``landless communities'' are still waiting 
for their fair and just settlement.
  The Alaska Native Claims Settlement Act awarded $966 million and 44 
million acres of land to Alaska Natives and provided for the 
establishment of Native Corporations to receive and manage such funds 
and lands. The beneficiaries of the settlement were issued stock in one 
of 13 regional Alaska Native corporations--12 based in Alaska. Most 
beneficiaries also had the option to enroll and receive stock in a 
village, group or urban corporation.
  For reasons that still defy clear explanation the Native peoples of 
the ``landless communities,'' were not permitted by the Alaska Native 
Claims Settlement Act to form village or urban corporations. These 
communities were excluded from this benefit even though they did not 
differ significantly from other communities in Southeast Alaska that 
were permitted to form village or urban corporations under the Alaska 
Native Claims Settlement Act. For example, Ketchikan had more Native 
residents in 1970, the year of a member census, than Juneau, which was 
permitted to form the Goldbelt urban corporation. This finding was 
confirmed in a February 1994 report submitted by the Secretary of the 
Interior at the direction of the Congress. That study was conducted by 
the Institute of Social and Economic Research at the University of 
Alaska.
  The Native people of Southeast Alaska have recognized the injustice 
of this oversight for more than 34 years. An independent study issued 
more than 12 years ago confirms that the grievance of the landless 
communities is legitimate. Legislation has been introduced in the past 
sessions of Congress to remedy this injustice. Hearings have been held 
and reports written. Yet legislation to right the wrong has inevitably 
stalled out. This December marks the 38th anniversary of Congress' 
promise to the Native peoples of Alaska, the promise of a rapid and 
certain settlement. And still the landless communities of Southeast 
Alaska are landless.
  I am convinced that this cause is just, it is right, and it is about 
time that the Native peoples of the five landless communities receive 
what has been denied them for so long.
  The legislation that I am introducing today would enable the Native 
peoples of the five ``landless communities'' to organize five ``urban 
corporations,'' one for each unrecognized community. These newly formed 
corporations would be offered and could accept the surface estate to 
23,040 acres of land--one township as granted all other village 
corporations. Sealaska Corporation, the regional Alaska Native 
Corporation for Southeast Alaska, would receive title to the subsurface 
estate to the designated lands. The urban corporations would each 
receive a lump sum payment to be used as start-up funds for the newly 
established corporation. The Secretary of the Interior would determine 
other appropriate compensation to redress the inequities faced by the 
unrecognized communities.
  It is long past time that we return to the Native peoples of 
Southeast Alaska a small slice of the aboriginal lands that were once 
theirs alone. It is time that we open our minds and open our hearts to 
correcting this injustice that has gone on far too long and finally 
give the Native peoples of Southeast Alaska the rapid and certain 
settlement for which they have been waiting.
                                 ______