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5: Federal Laws Affecting Alaska Lands and Resources

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5: Federal Laws Affecting Alaska Lands and Resources 5 Federal Laws Affecting Alaska Lands and Resources / Chapter 5.-- FEDERAL LAWS AFFECTING ALASKA LANDS AND RESOURCES Page 103 103 104 106 107 107 107 108 109 112 115 115 117 121 121 122 123 125 129 129 130 132 134 . FIGURE Page 5. Approximate Boundaries of Native Regional Corpora- tions Established Under ANCSA and Estimated Combined Regional and Village Corporation Entitlements . .......118 / .. 5 Federal Laws Affecting Alaska Lands and Resources ALASKA STATEHOOD ACT On January 3, 1959, Alaska became the This section examines the major provisions of 49th and largest State of the Union,] some 90 the Alaska Statehood Act, its legislative in- years after the District of Alaska was pur- tent, and the history of the implementation of chased for $7 million from Russia2 and some its promises. 47 years after it became an organized ter- ritory, 3 The Alaska Statehood Act4 was ap- The Alaska Statehood Act set forth the pro- cedural requirements necessary for admis- proved on July 7, 1958 following more than a 8 sion. Upon satisfaction of these require- decade of active congressional consideration. ments, Alaska was admitted into the Union on This approval came only after the major ob- “an equal footing with all other States in all jections to statehood had been overcome— respects whatever. ” The new State included the lack of contiguity with the rest of the all of the lands and territorial waters of the States, a small population, and economic de- Territory of Alaska.9 Alaska was admitted to pendency on Federal Government expendi- the Union on January 3, 1959, when President tures for construction projects and military 5 Eisenhower issued a Presidential proclama- bases. Congressional concern over the last of tion that all the procedural requirements for these objections resulted in provisions en- statehood had been satisfied .10 dowing the State with unprecedented grants of public lands and a generous share of Federal revenues from mineral leases and the Pribilof Island fur trade.6 The House report NATIVE CLAIMS on the Statehood Act indicates that the intent of these provisions was: As a compact with the United States, sec- To enable Alaska to achieve full equality tion 4 of the Statehood Act requires that the with existing States, not only in the technical State and the people of Alaska disclaim any juridical sense, but in practical economic rights to any land, the right or title to which is terms as well. It does this by making the new held by the United States, except for those State master in fact of most of the natural lands granted or confirmed by the Statehood 11 resources within its boundaries, and making Act. Alaska also disclaims any rights to any provisions for appropriate Federal assist- lands or other property (including fishing ance during the transition period. ’ rights) that are held by Alaska Natives or by Note: Footnotes for this section appear on pp. 112-114. the United States in trust for them.12 The 103 104 ● Analysis of Laws Governing Access Across Federal Lands United States retains absolute jurisdiction Conflicts over Native land claims eventually over these Native lands. These Native lands led to a virtual freeze on State selection dur- are not subject to State taxation except as ing the sixties and threatened to impede con- provided by Congress.13 Lands that are con- struction of the Trans-Alaska Oil Pipeline.17 veyed to an Alaska Native without restraint These claims were extinguished by direct on alienation under the Alaska Native Allot- congressional action in 1971 by the Alaska ment Act are not subject to this absolute Fed- Native Claims Settlement Act18 (ANCSA). eral jurisdiction and may be treated substan- Alaska Natives received, in exchange, the tially the same as other private lands.14 right to select 44 million acres of public land and a Native fund of $962.5 million to be paid The settlement of Native claims was ex- over a period of years.19 Native selection pressly deferred. The Statehood Act specifi- rights were given priority over State selection cally provides that it does not affect or ad- rights. However, State selections that were dress the validity of any Native claims. “Any tentatively patented, tentatively approved, or such claim shall be governed by the laws of identified by the State prior to January 17, the United States applicable thereto.”15 The 1969 are recognized and protected by House report states that this provision relates ANCSA.20 to the issue of Native claims: LAND AND REVENUE GRANTS Congress does not concern itself with the legal merits of indigenous rights but leaves the matter in status quo for either further Section 6 of the Alaska Statehood Act legislative action or judicial determination.16 grants to the State of Alaska the right to Ch. 5 Federal Laws Affecting Alaska Lands and Resources . 105 select a total of 103,550,000 acres of Federal grants of section 6(a)—subject to the ap- lands .2’ It also confirms previous grants to the proval of the Secretary of Agriculture. territory of Alaska and transfers certain Fed- Alaska was also given the right to select eral lands and buildings to the State. Exten- 102,550,000 acres of public lands that were sion of the Submerged Lands Act of 1953 “vacant, unappropriated, and unreserved at gave Alaska title to from 35 million to 40 31 million acres of submerged lands under the the time of their selection." These selections Territorial seas and inland navigable wa- must also be completed within 25 years of ad- 22 mission. All lands available for selection are ters. The Statehood Act also conferred on Alaska the right to receive a generous portion subject to valid existing rights, including of Federal revenues from mineral leasing on Native claims based on aboriginal use or oc- 23 cupancy, mining claims, homesteads, or equi- Federal lands as well as a share of the reve- 32 nues of the Pribilof Island fur trade.24 All land table claims. selections are to be made within 25 years of The Act did not restrict the power of the 25 admission, that is, by 1984. The Statehood U.S. Government to dispose of Federal lands Act does not affect: in order to accommodate the State selection rights. The United States is free to make addi- Any valid existing claim, location, or entry tional reservations or withdrawals of Federal under the laws of the United States, whether lands for various purposes, or to sell or dis- for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the pose of Federal lands under the public land rights of any such owner, claimant, locator, laws, the mineral leasing laws, and other or entryman to the full use and enjoyment of authorities. Thus, until the State actually the land so occupied.26 selects lands or communicates its intent to select particular tracts, the lands are open to Any lands subject to such valid existing rights other disposition. are not available for State selection. The availability of public lands for State Section 6(a) granted the right to select up to selection is further limited by the restrictions “400,000 acres from lands within national on State selections in an area in northern and forests in Alaska which are vacant and unap- western Alaska where the President is au- 27 propriated at the time of their selection.” thorized to make national defense withdraw- Alaska was also given the right to select an als.33 No State selections may be made in this additional 400,000 acres from “public lands region without the approval of the President which are vacant, unappropriated, and unre- or his designate. In practice, no State selec- 28 served at the time of their selection.” All the tions north or west of this national defense lands selected under these grants must be line known as the Porcupine-Yukon-Kusko- “adjacent to established communities or kwim line or PYK line have been rejected.34 suitable for prospective community center and recreation areas.”29 All selections must To date, the State of Alaska has selected be approved by the Secretary of the Interior, approximately 72 million acres of public and national forest lands must be approved lands. The Federal-State Land Use Planning by the Secretary of Agriculture.30 Commission has observed that, based on the emerging pattern, the State selection policy The existing national forests in Alaska are has three principal objectives: the Tongass National Forest and the Chugach ● provision of lands to meet existing and National Forest. The Alaska Statehood Act future settlement needs; does not restrict State selection rights to those national forests existing on the date of ● control of lands along major highway admission. Any national forest lands in corridors; and Alaska could be selected by the State under ● selection of lands with high potential for the community expansion and recreation natural resource development.35 106 • . Analysis of Laws Governing Access Across Federal Lands MINERAL RIGHTS respects to the Federal mining and mineral leasing laws.39 Locators on State lands re- The Alaska Statehood Act provides that all ceive the right to develop certain minerals lands granted or confirmed under the Act in- 36 found there. All statehood lands are conveyed clude the full mineral rights. The Act fur- without the mineral rights subject to the right ther stipulates that these land grants are of the State to enter and extract the minerals. made on the condition that, in all subsequent Alaska has closed certain areas to mineral conveyances of selected lands, the State must location and leasing where mineral extrac- reserve all mineral rights and the right to 37 tion might conflict with surface uses of the enter and to remove the minerals.
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