Day 12: December 18, 1971 - Alaska Native Claims Act

The Alaska Native Claims Settlement Act (ANCSA) was enacted into law on December 18, 1971. This Act was intended to settle outstanding land claims and establish clear title to Alaska’s land and resources. To do this, the Act established 12 regional corporations and a method of conveying surface estate (land) and subsurface estate (mineral and other resources) to each regional corporation. ANCSA also established village corporations and gave each village corporation, subject to valid existing rights, the right to the surface estate (land) in and around the village, as identified in Section 11 of the Act, as amended. The amount of land to be conveyed was identified in Section 14(a) and allotted according to the Native population of the village as follows:

• For between 25 and 99 people, 69,120 acres;
• For between 100 and 199 people, 92,160 acres;
• For between 200 and 399 people, 115,200 acres;
• For between 400 and 599 people, 138,240 acres; and
• For 600 or more people, 161,280 acres.

The regional corporation for the area received title to the subsurface estate of the village corporation land.

ANCSA Section 14(c)(1)(2) and (4) provides that the village corporation must make land available to individuals and organizations occupying the land on December 18, 1971 (valid existing rights). ANCSA Section 14(c)(3) provides that the village corporation shall convey any future municipal corporation lands identified for present and future community needs to any municipal corporation or the state in trust. Land conveyed in trust is deeded to the state’s Municipal Land Trustee and is managed under the Municipal Land Trustee Program provided for in Alaska Statute (AS) 44.33.755.

Because the village corporations received title to only the surface estate, a municipal corporation or the state in trust receiving 14(c) conveyance from the village corporation receives only title to the surface estate.

• ANCSA Section 14(c) has five sections. This chapter deals with the four sections described below. These sections identify the individuals and organizations that can receive land from the village corporation under Section 14(c).
• 14(c)(1): States that the village corporation shall first convey claims by individuals, either Native or non-Native, who occupied lands as of December 18, 1971, as a residence, business, campsite, or reindeer husbandry. The transfer of land is made without payment (consideration).
• 14(c)(2): States that the village corporation shall then convey claims by nonprofit organizations that occupied lands as of December 18, 1971. The village corporation may charge or require payment for the land. If payment is required, it must not be for an amount that is more than the fair market value of the land as it existed when the organization first occupied it. The fair market value must be based on land value without structures or other improvements.
• 14(c)(3): States that the village corporation shall then convey to a municipal corporation in the village or to the state in trust land for present and future public land uses.
• 14(c)(4): States that the village corporation shall convey land for airport sites and related navigational aids and easements as they existed on December 18, 1971, and additional land or easements for related services and approach zones. Title can go to the federal government, state, or municipality (city or borough)..