PAGENO="0001" HEARING BEFORE THE SUBCOMMITTEE ON INDIAN AFFAIRS OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS HOUSE OF REPRESENTATIVES NINETIETH CONGRESS SECOND SESSION ON H.R. 11213 TO SETTLE THE LAND CLAIMS OF ALASKA NATIVES, FOR OTHER PURPOSES H.R. 15049 THE ALASKA NATIVE LAND CLAIMS SETTLEMENT AC H.R. 17129 TO PROVIDE FOR THE SETTLEMENT OF A~. CLAIMS OF ALASKA NATIVES, AND FOR OTL~. HEARING HELD JULY 11, 1968 Serial No. 90-29 Printed for the use of the Committee on Interior V DOC 0 98-1810 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON 1968 PAGENO="0002" - Y, Florida Oklahoma -. ~l, Navada ~Torth Carolina SON, California a ngton IR, Wiseonsin a JOHN P. SAThOR, Pennsylvania Ranking Minority Member E. Y. BERRY, South Dakota CRAIG HOSMER, California JOE SKUBITZ, Kansas LAURENCE J. BURTON, Utah ROGERS C. B. MORTON, Maryland WENDELL WYATT, Oregon GEORGE V. HANSEN, Idaho ED REINECKE, California THEODORE R. KUPFERMAN, New York JOHN KYL, Iowa SAM STEIGER, Arizona HOWARD W. POLLOCK, Alaska JAMES A. McCLURE, Idaho SUBCOMMITTEE ON INDIAN ATTAINS JAMES A. HALEY, Florida, Chairman B. Y. BERRY, South Dakota GEORGE V. HANSEN, Idaho SAM STEIGER, Arizona HOWARD W. POLLOCK, Alaska JAMES A. McCLURE, Idaho ~, WasL_. ~ LIWIS A. Sionna, Consultant on Indian Affairs The ~lrni~i,~pn. Wayne N. Aspinall, and the ranking minority mamber, Hon. Joh4 P. Saylo~ ai'e~ex o~Io members of each subcommittee. OOMMITThE ON INTERIOR AND INSULAR AFFAIRS HousE OF REPRESENTATIVES WAYNE N. ASPINALL, Colorado, Chairman [TB, Texas ~STENMEI rashington ~ Jx., Texas ~GO POLANCO-ABREU, ant Commissioner, Puerto Rico SIDNEx L. MCFARLAND, ProJ'e8sional Staff Director T. RICHARD WITMER, Counsel Oklahoma &. TA~ ~, North Carolina I V. TUNNEY, California `~T W. KASTENMBIER, Wisconsin PAGENO="0003" CONTENTS Hearing held- July 11, 1968: Morning session Afternoon session Text of: H.R. 11213 H.R. 15049 H.lt. 17129 Report of the Department of the Interior Statements: Bergt, Laura, member, Native Land Claims Task Force Borbridge, John, Jr., president, Central Council of Tlingit and Haida Indians of Alaska Connor, Roger G., attorney for the Aleut Tribe, Aleut Community, St. Paul Island (joint statement with Flore Lekanof) Edwardsen, Charles, Jr., Eskimo, Barrow, Alaska (plus tables) Groh, Cliff, attorney, representing the Alaska Federation of Natives Gruening, Hon. Ernest, a U.S. Senator from the State * of Alaska Hensley, Hon. Willie, a Representative in the Alaska Legislature, Kotzebue, Alaska Hickel, Hon. Walter J., Governor of the State of Alaska Jackson, Barry, Alaska Federation of Natives (plus attachments) Amendments proposed by the Alaska Federation of Natives to Secretary Udall's proposal of April 30, 1968 Attachment A-Commentary to Federal Alaska Native Claims Act of 1968, draft of January 24, 1968 Attachment B-Task force commentary on State A1~ska Native Claims Act draft of January 24, 1968 Attaohment ó-Table of contents, proposed State bill, Alaska Native Commission Attachment D-CS for House Bill No. 672, in the legislature of the State of Alaska, fifth legislature, second session Lekanof, Flore, president, Aleut League Notti, Emil, president, Alaska Federation of NativesL Paul, Frederick, attorney for the Arctic Slope Native Association Paul, William, attorney at law, Spokane, Wash Pollock, Hon. Howard W., a Representative in Congress from the State of Alaska Supplemental statement Western Oil & Gas Association Wright, Donald R., first vice president, Alaska Federation of Natives_ Letters: Paul, Frederick, Seattle, Wash., to University of Alaska, attention Mr. Victor Fischer, dated April 13, 1967 Rogers, Frank W., Washington representative, Western Oil & Gas Association, to Hon. Wayne N. Aspinall, dated July 11, 1968 Udall, Hon. Stewart L., Secretary of the Interior, to Hon. John W. McCormack, dated June 15, 1967 (executive communication) Udall, Hon. Stewart L., Secretary of the Interior, to Hon. Wayne N. Aspinall, dated April 30, 1968 (report) Additional information: Proposal for settlement of the Alaska native land claims in a report of the Governor's Task Force on Native Land Claims, Juneau, Alaska, January 10-16, 1968 Page 1 128 2 15 56 72 198 123 174 188 128 91 116 92 130 135 146 151 152 157 174 107 205 200 86 89 202 113 206 202 81 72 119 (III) PAGENO="0004" PAGENO="0005" ALASKA NATIVE LAND CLAIMS THURSDAY, JULY 11, 1968 HousE OF REPRESENTATIVES, COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, SUBCOMMITTEE ON INDIAN AFFAIRS, Washingto'n, D.C. The subcommittee met, pursuant to call, in room 1324, Longworth House Office Building, Hon. James A. Haley (chairman of the sub- committee) presiding. Mr. HALEY. The subcommittee will be in order for the considera- tion of H.R. 11213 by Mr. Aspinall, to settle the land claims of Alaska natives, and for other purposes ; H.R. 15049 by Mr. Pollock, the Alaska Native Land Claims Settlement Act of 1968; and H.R. 17129 by Mr. Aspinall, to provide for the settlement of aboriginal land claims of Alaska natives, and for other purposes. H.R. 17129 is substitute legislation recommended by the Depart- ment of the Interior in its report dated April 30, 1968. Without objection, H.R. 11213, H.R. 15049, H.R. 17129, Depart- ment of the Interior report dated April 30, 1968, and an executive communication dated June 15, 1967, will be included in the record at this point. (The five documents referred to follow:) (1) PAGENO="0006" 2 I 1ST SESSION 90TH CONGRESS H. R. 11 213 IN THE HOUSE OF REPRESENTATIVES JUNE 28,1967 Mr. ASPINALL (for himself and Mr. HAu~Y) (by request) introduced the fol- lowing bill; which was referred to the Committee- on Interior and Insular Affairs To 1 2 3 4 5 6 7 8 9 10 A.BILL set-tie the land claims of Alaska Natives, and for other purposes. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, That section 3 of the Act of May 25, 1926 (44 Stat. 629; 48 U.S.C. 355 (c) ) , is amended to read as follows: "SEC. 3. (a) The Secretary of the Interior is author- ized to grant in trust, subject to valid existing rights, to each tribe, band, elan, village, community, or group of Natives in Alaska, hereinafter referred to as a grQup of Natives, upon his own initiative and without -application, title to the village site or sites now occupied by such group of Natives if not PAGENO="0007" 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 otherwise patented and if not withdrawn for purposes unre- lated to Native use or the administration of Native affairs. The Secretary is further authorized, subject to valid existing rights, to grant title to such additional lands within the environs of such site or sites as wouhi contribute significantly, in the judgment of the Secretary, to the livelihood of the community, taking into account such factors as population, economic resources of the group, traditional way of life, and the nature and value of the land proposed to be granted. Such grant may include a grant of title, subject to valid existing rights, to noncontiguous lands being used and oc- cupied by such Natives for burial grounds, airfields, water supply, hunting and fishing camps, and dock or boat-launch- ing sites that are not withdrawn for other purposes : Pro- vided, That the provisions of this sentence and the provisions of subsection (b) of this section shall not apply to groups of Natives who are beneficiaries of the judgment recovered by the Tlingit and Haida Indians in Court of Claims docket numbered 47,900. The Secretary is authorized to make any grant subject to easements for public use or benefit. In no case may the grants of land to a single grantee under this section exceed fifty thousand acres. "(b) In the case of Native villages within whose en- virons there are not sufficient additional lands in Federal ownership to permit the Secretary to make the grant of PAGENO="0008" I~ 4 3 1 additional lands contemplated by subsection (a) , the Secre- 2 tary may convey other lands in lieu thereof but subject to the 3 same conditions and limitations that apply to conveyances 4 of land within the environs of a village.. 5 " (c) For the purposes of this Act the term `Native' 6 meaiis an Alaskaii Indian, Eskimo, or Aleut of at least one- 7 fourth degree Indian, Eskimo, or Aleut blood. 8 " (d) Beneficiaries of the grants made pursuant to sub- 9 section (a ) shall be the Natives who comprised the members 10 of the grantee upon the date of the grant, as determined by 11 the Secretary of the Interior, together with any descendants 12 of such niembers of one-fourth degree of Native blood. The 13 interest of a beneficiary shall not be transferable in any 14 manner, either during his lifetime or upon his death. When- 15 ever a distribution of capital or income of the trust is made 16 to the beneficiaries, the finding of the Secretary as to the 17 qualified recipients shall be final and conclusive. 18 "(e) Title to land granted pursuant to subsection (a) 19 may be held by the United States in trust, acting through 20 the Secretary of the Interior as trustee, or it may be con- 21 veyed by the Secretary of the Interior to a trustee selected 22 by a group of Natives by a majority vote of the members 23 nineteen years of age and older who reside in or near the 24 vilh~ge. Any trustee selected by the Natives shall be subject 25 to approval by the Secretary. In the event a group of Na- PAGENO="0009" 5 4 tives does not select a trustee approved by the Secretary within one year from the date the Secretary notifies said group of his readiness to convey title, the Secretary may convey title to the State of Alaska, with its consent, as trustee, or to any other trustee selected by the Secretary. The term of a trust established pursuant to this section shall not exceed twenty-five years, and when the. trust expires it shall be liquidated in accorda~ice with the terms of the trust instrument, or as prescribed by the Secretary of the Interior if there is no , trust instrument. Prior to conveyance of a site to a trustee the Secretary shall have its exterior bound- aries surveyed. This requirement for survey shall be satisfied without continuous marking of the line, but by establishment of monuments along all the boundaries, except meander courses, by electronic measurement or other means, at inter- vals of not more than six thousand feet, or by extension of the rectangular system of surveys over the areas claimed. Claims or selections of surveyed lands shall be in accordance with the plats of survey and those for unsurveyed lands shall, following survey, be so conformed. Land granted pur- suant to subsection (a) shall be subject to the applicable laws of the State of Alaska, except that during the period of the trusteeship such land shall not be subject to State or local taxes upon real estate. "(f) A trustee who receives a conveyance under this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0010" 6 5 :t section shall be subject to the laws of the State af Alaska 2 governing the execution of trusts, and shall have the powers 3 and duties set forth in the deed of trust, including without 4 limitation subdivision, management, and disposal of the lands, 5 investment and reinvestment of the proceeds, and distribu- 6 tion of income or capital of the trust to the members of the 7 beneficiary. In the disposal of any tract of land the trustee 8 shall give a right of first refusal to the occupant thereof. The 9 title to land conveyed by a trustee to a Native shall be subject 10 to the provisions of section 1 of this Act with respect to lands 11 conveyed to Indians or Eskimos in townsites established un- 12 der section 11 of the Act of March 3, 1891 (26 Stat. 1099; 13 48 U.S.C. 355) , as supplemented by the Ac~ of February 14 26, 1948 (62 Stat. 35; 48 U.S.C. 355 (e)). 15 "(g) So long as the lands are held by the United States 16 in trust, the Secretary of the Interior shall have all the powers 17 to administer the trust which he could confer upon another 18 trustee, but he shall not be subject to the laws of Alaska 19 governing the execution of trusts. 20 "(h) The Secretary of the Interior or a trustee who 21 receives a conveyance under this section may convey with- 22 out compensation to private religious, charitable, or educa- 23 tional institutions or organizations the land occupied by build- 24 ings or facilities owned by them on the date the trust is PAGENO="0011" 7 6 :i~ established, where such buildings ot facilities are situated 2 within the boundaries of the land to be granted pursuant to' 3 subsection (a). 4 " (i) Ifl order to assist him in the administration of 5 this section, the Secretary of the Interior may appoint a 6 commission of not to exceed five members, one of whom 7 shall be appointed from nominations submitted by the 8 Governor of Alaska, and one of whom shall be appointed 9 from nominations submitted by Alaska Natives in accordance 10 with procedures prescribed by the Secretary. The Secretary :ti shall prescribe the duties and powers of the commission, the 12 compensation to be paid to its members, provide for pay- 13 ment of commission expenses, including employment of 14 necessary personnel, and provide such other assistance, 15 within existing authorizations, as he deems desirable. The 16 commission's duties may include the preparation of a roster 17 of groups of Natives eligible to receive grants under section 18 1 (a) hereof, rolls of Natives eligible to receive distributions 19 of trust property under section 1 (d) hereof, rolls of Natives 20 eligible to be granted a townsite lot under section 1 (f) 21 hereof, and rolls of Natives eligible to vote in any election 22 held pursuant to this Act. Before any such roster or roll is 23 finally approved by the Secretary, it shall be published 24 in such manner as he shall find to be practicable and effec- 25 tive, and opportunity shall be given to lodge protests thereto. PAGENO="0012" 8 7 " (j) There are authorized to be appropriated not more than $12,000,000, to be available until expended, to defray costs of the planning, subdivision, survey, management, and disposal of lands under the provisions of this section, either directly by the Secretary of the Interior or through contract with the appropriate trustee, and to pay the cx- penses of the commission established under subsection (i) " (k) At the beginning of each session of Congress the Secretary of the Interior shall report to the chairmen of the House and Senate Comniittecs on Interior and' Insular Affairs the grants made under this section and an estimate of the time needed to complete the grants. The reports hay be discontinued when the grants are substantially completed." INTERIM ADMINISTRATION UNDER PUBLIC LAND LAWS SEC. 2. (a) The Secretary of the Interior may, subject to valid existiiig rights, withdraw from all forms of appro- priation under any of the public land laws, including without limitation selection by the State of Alaska under the state- hood Act of July 7, 1958 (72 Stat. 339), any lands that are subject to conveyance to a group of Natives pursuant to section 3 of the Act of May 25, 1926 (44 Stat. 629; 48 U.S.C. 355 (c)), as amended by section 1 of this Act. A State selection of lands that are withdrawn shall not be approved, regardless of whether the selection was initiated before or after the withdrawal. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0013" 9 8 (b) A Native claim based on use and occupancy of tinwithdrawn land shall not be the basis for the rejection of State selections or other applieatjons or claims under the public land laws. (o) Either before withdrawing lands under this section or before granting a patent pursuant to section 3 of the Act of May 25, 1926 (44 Stat. 629; 48 11.5.0. 355 (c)), as amended by section 1 of this Act, the Secretary of the Inte- rior shall consult the Secretary of Defense with respect to the effect of the withdrawal or grant on the security of the United States. RESEIWAPIONS AND RESDRVES Sne. 3. (a) The areas of lands and waters heretofore reserved and set aside for the use of the Native inhabitants of Akutan, Diomede, ICarluk, Unalakleet, Venetie, and Wales shall be held in trust by the United States for the benefit of the Native inhabitants thereof for twenty-five years after the date of this Act, at which time the trust shall be liquidated in the manner provided for the liquidation of trusts under section 3 of the Act of May 25, 1926 (44 Stat. 629; 48 U.S.C. 355 (c)), as amended by section 1 of this Act. During the term of the trust the Secretary of the Inte- rior shall have all of the powers granted to a trustee under section 3 of said 1926 Act, as amended. To the extent such areas are smaller than the areas that could be conveyed to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2~ 25 PAGENO="0014" 10 9 them under the terms of section 3 of said 1926 Act, as amended, and lands in that immediate vicinity are available for grants under such Act, additional lands may be granted by the Secretary of the Interior under that section, but only if warranted by the economic needs of the Native inhabit- ants. Criteria applicable to these situations shall be devel- oped by the commission authorized by section 3 (i) of said 1926 Act, as amended, and shall be made available to the Secretary as advisory recommendations. (b) Lands held in trust pursuant to this! section shall be subject to the applicable laws of the State of Alaska, except that during the period of trusteeship such land shall not be subject to State or local taxes on real estate. ( c) The various reserves set aside by Eiecutive order or secretarial order for Native use or for administration of Native affairs, including those created under authority of the Act of May 31, 1938 (52 Stat. 59:3), shall be revoked pro tanto by the grant of title pursuant to section 3 of the Act of May 2:5, 1926 (44 Stat. 629; 48 U.S.C. 355(c)), as amended by section 1 of this Act. (d) The trusts created by this section shall be subject to the right of the Secretary of the Interior to issue and enforce such regulations as lie deems desirable for the pro- tection of migratory birds that are protected by treaty to which the United States is a party. 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0015" 11 10 1 (e) The Secretary of the Interior may, with the con- 2 currence of the agency administering the land, issue to 3 Natives exclusive or nonexclusive permits, for twenty-five 4 years or less, to use for hunting, fishing, and trapping pur- 5 poses any lands in Alaska that are owned by the United 6 States without thereby acquiring any privileges other than 7 those stated in the permits. Such permits may contain condi- 8 tions deemed desirable by the Secretary, and shall be sub- 9 jeot to applicable State game and fish laws. Any patents or 10 leases hereafter issued in such areas pursuant to the Alaska 11 Statehood Act, or the public land, mining, and mineral leas- 12 ing laws, may contain a reservation to the United States 13 of the right to issue `such permits and to renew them for an 14 additional term of not to exceed twenty-five years in the 15 discretion of the Secretary. 16 JURISDICTION OF THE UNITED STATES COURT OF CLAIMS 17 SEC. 4. (a) The United States Court of Claims shall 18 have jurisdiction to hear and adjudicate a single claim filed 19 within six years from the date of this Act by the attorney 20 general of the State of Alaska on behalf of all Natives of 21 Alaska based on the taking by the United States of any 22 lands to which any group of such Natives claims aboriginal 23 title by reason of use of occupancy, other than lands subject 24 to grant under section 3 of the Act of May 25, 1926 (44 25 Stat. 629; 48 U.S.C. 355 (c)), as amended by section 1 of PAGENO="0016" 12 11 this Act. If the court determines that as of March 30, 18~37, any group of Natives had aboriginal title through use or occupancy of any such lands, the aboriginal title shall be regarded as taken as of that date, and the court shall enter judgment for a sum equal to the market value of such lands upon that date without interest, and less offsets, counter- claims, and demands that would be allowable under section 2 of the Indian Claims Commission Act of August 13, 1946 (60 `Stat. 1050; 25 U.S.C. 70 (a) ) . The judgment shall be in favor of the Natives of Alaska without regard to group affiliations. A clalin of aboriginal title to a particular area shall not be defeated because the land may have been oc- cupied or used by more than one identifiable group of Natives of Alaska, but the claimants must show that there were living upon the date of this Act Natives of Alaska who are descend- ants of the identifiable group through whom aboriginal title to aiiy area is sought to be established. The provisions of this section shall not apply to any lands in southeastern Alaska for which a money judgment has been or may here- after be awarded by the Court of Claims in the case of The Tlingit and Haida Indians against The United States, numbered 47900; or to any lands that are set aside and administered for the benefit of Natives; or to any lands that are subject to an aboriginal title claim adjudicated by the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PAGENO="0017" 13 12 Indian Claims Commission, or pending before the Indian Claims Commission six months after the date of this Act. Prior to the expiration of such six months the plaintiffs may cause their claim to be dismissed by the Indian Claims Commission and the lands involved may then be included in the claim filed pursuant to this section. (b) As used in this section, the term "Natives of Alaska" means all Alaskan Indians, Eskimos, or Aleuts of at least one-fourth degree Indian, Eskimo, or Aleut blood living upon the date of this Act, but the distribution of any judgment or award under this section shall be limited to Natives of Alaska living upon the date the Congress appro- priates funds to pay any judgment that may be entered against ihe United States. It shall not include Natives who have shared or will share in any award in the Tlingit claim or other claims adjudicated by the Indian Claims Commis- sion, or the Metlakahtla Indians of the Annette Island Reservation. (c) The court shall award to the State of Alaska the reasonable costs and expenses, including counsel fees, incurred in the preparation of claims authorized to be filed by this section. SEC. 5. Nothing in this Act shall affect the right of Natives as citizens to acquire public lands of the United States under the Native Allotment Act of May 17, 1906 98-181 0 - 68 - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0018" 14 13 1 ( 34 Stat 197 ) , as amended (48 U S C 357 ) , or thc pro- 2 visions of other applicable statutes 3 SEc 6 The enactment of this legislation shall be in full 4 and complete satisfaction of all claims of tribes, bands, clans, 5 villages, communities, and groups of Natives against the 6 United States based upon alleged aboriginal right, title, use, 7 or occupancy, excepting only claims now pending in the 8 Indian Claims Commission oi the Court of Claims by pre- 9 vious authorization of the Congress 10 SEc 7 Lands granted pursuant to section 3 of the Act :ti of May 25, 1926 (44 Stat. 629; 48 U.S.C. 355 (c) ) , as 12 amended by section 1 of this Act, shall, so long as they 13 iemain not subject to State or local taxes on real estate, 14 continue to be regarded as public lands for the purpose of 1~ computing the Federal share of any highway project pur- 16 suant to title 23 of thc United States Code, as amended and 17 supplemented PAGENO="0019" 15 90TH CONGRESS H. R. 15049 2D SEssIoN A BILL The Alaska Native Land Claims Settlement Act of 1968. Be it enacted by the Senate and house of Representa- tives of the United States of America in Congress assembled, § 100. Purposes It. is hereby declared to be the policy of the United States to recognize, validate, and confirm the claims of Alaska natives based upon aboriginal occupancy and use of lands within the State of Alaska and to provide fair, speedy, and equitable methods for their determination, settlement, and satisfaction. To accomplish this objective it is desirable to minimize procedural delays and to remove technical obstacles; to create a~ public body composed of IN TIlE IIOTJSE OF REPRESENTATIVES FEBRUARY 1, 1968 Mr. Pou~ocic introduced the following bill; which was referred to the Coni- mitlee on Interior ai~d Insular Affairs 2 3 4 5 6 7 8 9 10 11 PAGENO="0020" 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 residents of Alaska with the power to process, manage, and expedite the determination of such claims and to perform other functions to carry out provisions of this Act ; to pro~ vide for the grant and selection of lands needed by native Alaskan communities for their development and support; to make available to all Alaska natives a share in the reve- nues derived from the Outer Continental Shelf adjacent to Alaska as compensation for the claims of Alaska natives based on aboriginal use and occupancy of the lands of Alaska ; to grant protection to certain existing surface uses of land by Alaskan natives ; and to settle with finality all such land claims of Alaska natives. TITLE I-ALASKA NATIVE COMMISSION 101. Creation of Commission There is created and established an Alaska Native Com- mission (hereinafter called "the Commission") to exercise the duties and powers hereby conferred upon it. The Com- mission is an independent agency of the United States, but it may also exercise all powers conferred upon it by the State of Alaska which are consistent with this Act, and with the appropriations made for the functioning of the Commission. The Commission shall consist of seven members. The mem- bers shall be appointed by the President of the United States with the advice and consent of the Senate. At least four of the members shall be Alaska natives, as hereafter defined. Not § PAGENO="0021" 17 3 more than five members shall be members of the same pout1- cal party. Each member of the Commission shall have been a resident of Alaska continuously for at least five years be- fore his appointment, and must remain such a resident during his term of office. In appointing members of the Commission due regard shall be given to obtaining fair geographic and ethnic repre~sentation. § 102. Terms of office The members initially appointed by the President shall be given individual terms of office, of one, two, three, foñr, five, six, and seven years, respectively, from the date of this Act. Their successors shall be appointed for terms of seven years, in the same manner and subject to the same quaiifica- tions as the initial appointments, except that any person chosen to fill a vacancy shall be appointed only for the Un- expired term of the member whom he succeeds. Upon the expiration of his term of office a member shall continue to serve until his successor has been appointed and has qualified to take office. The President shall choose a Chairman from the Commission's membership. The Conmiission may elect by a majority vote of its membership other officers, suchas a Vice Chairman, as it may find necessary to perform its func- tions. Any commissioner may be removed by the President for inefficiency, neglect of duty, malfeasance in office, or en- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PAGENO="0022" 18 4 1 gaging in conduct contrary to the conflict of interest laws of 2 the United States. 3 § 103. Compensation 4 Initially the commissioners shall be paid an annual salary 5 ~ of $25,000. per annum. Thereafter, whenever the President 6 determines that the service of commissioners will no longer 7 be required on a full-time basis, he may reduce their compen- 8 :sation to a daily or hourly amount not less than $75 per 9 day, or $10 per hour. The * commissioners shall be reim- 10 bursed for such expenses as have been duly authorized by :ti the Commission to be incurred in the performance of their 12 . duties. . . 13 § 104. Nominations 14 The Governor of Alaska, any organization recognized 15 by the Secretary of the Interior to speak for the Alaska .16 natives on a statewide basis, and the statewide native .cor- 17 poration shall each be given the opportunity to recommend 18 prospective appointees to the Commission and the President 19 shall give careful consideration to such recommendations, 20 but be is not, limited thereby in the exercise of appointive 21 power. 22 § 105. Location . 23 The Commission shall have its offices and hold its meet- 24 ings within the State of Alaska. PAGENO="0023" 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5 § 106. Employees and expenses The Commission may employ and fix the compensation of an Executive Director and of such attorneys, special cx- perts, examiners, clerks, and other employees, and may incur such expenses and disburse such funds as it may find neces- sary for the proper performance of its duties and as may be appropriated from time to time by Congress. The General Accounting Office shall receive and examine all accounts of expenditures by the Commission. § 107. Procedure The Commission shall ~have power to establish its own rules of procedure, and the time and place of its meetings. A quoEum shall consist of four members. § 108. Jurisdiction and powers The Commission shall have jurisdiction to determine and settle Alaska native land claims in conformity with this Act, and shall exercise the functions and powers set forth in this Act. When necessary for the administration of this Act, the Commission shall determine the aboriginal use and occupancy of Alaska lands by native groups, the geographical extent thereof, the boundaries of occupancy attaohing to villages and regions, and make such other determinations in respect to Alaska native land claims as is fair ~uid equitable in carry- PAGENO="0024" 20 6 ing out the purposes of this Act. It may determine the num- her and location of the gioups to be recognized officially by the Commission, and it may prepare an official roster of the groups of natives eligible to receive the benefits granted by this Act and by the laws of Alaska. The Secretary of the Interior (hereinafter called the "Secretary") may delegate to the Commission any powers and duties entrusted to him under this Act, including preparation of the official rolls and the determination of what persons are entitled to be enrolled. The Commission may investigate all matters which are the proper subject of its action. It shall have the power to call upon any of the departments of the Federal Government for any information it deems necessary to perform its duties and functions. The Commission shall give reasonable notice to the interested parties `before it and an opportunity to be ~ heard before making a final iletermination on any disputed matter. § 109. Testimony of witnesses Any member of the Commission or employee of the Commission, designated in writing by the Chairman for such purpose, may administer oaths and examine witnesses. The Chairman of the Commission, or in his absence, the Vice Chairman, may issue subpenas requiring (1) the attendance and testimony of witnesses, and the production of all neces- sary books, papers, documents, correspondence, and any 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0025" 21 7 1 other evidence, from any place in the United States or 2 Alaska at any designated place of hearing ; or (2) the taking a of depositions before any designated individual competent to 4 administer oaths under the laws of the United States or of 5 any State. In the case of a deposition the testimony shall be 6 reduced to writing by the individual taking the deposition or 7 under his direction and shall be subscribed to by the depo- 8 nent. In taking testimony, reasonable opportunity shall be 9 given for attendance and examination of the witness by any 10 party who might be adversely affected by the Commission's :ti action to which the testimony of the witness pertains. Wit- 12 nesses subpenaed to testify or whose depositions are taken 13 pursuant to this Act, and the officers or persons taking the 14 same, shall severally be entitled to the same fees and mileage 15 as are paid for like services in courts of the United States. 16 § 110. Final determinations of the Commission 17 The final determinations of the Commission in any mat- 18 ter which is disputed before it, and in any matter which will 19 be irrevocably binding upon the persons affected thereby, 20 shall be in writing, filed with the Commission, and shaJl set 21 forth the operative facts upon which its determination is 22 based, the reasons in support of its determination, and a 23 definite statement of the determination that is made by the 24 Commission. PAGENO="0026" 22 8 1_ § 111. Judicial review 2 Parties to proceedings before the Commission may obtain 3 review of actions and final determinations of the OOnn1ilsSioll 4 by filing an appeal, within thirty days from receiving notice 5 of such action or determination, in the United States District 6 Court for the District of Alaska. In coiisideriiig aiiy such 7 appeal the court shall be limited to considering aiid decidnig 8 only the following questions: 9 (a) Whether any specific provision of this Act, of 10 the Constitution of the lJriited States, or of the coiisti- 11 tution of Alaska has been violated. 12 (b) \Vhether the Commission acted capriciously or 13 arbitrarily. 14 (c) Whether there is information, published or 15 written material, evidence, or other data within the 16 record to sustain the actions or (leterrnmations of the 17 Commission as being reasonable. :i~8 The court may remand the matter reviewed for such 19 further proceedings as it may direct, consistent with the 20 pro~~isions of this Act, and may grai~t other appropriate 21 judicial relief. 22 § 112. Attorneys for native groups 23 Attorneys retained by native groups, regional COrJ)Ora.- 24 tioris, arid the statewide corporation, requirilig legal repre- 25 sentation before the Commission or other legal services shall PAGENO="0027" 23 9 1 comply with the requirements of sections 81, 82, 83, 84, 2 arid 476 of title 25, United States Code, concerning their 3 contracts of employment before being permitted to appear 4 for any group. Admission to the bar of the United States 5 District Court for the District of Alaska shall be required 6 for practice before the Commission. 7 § 113. Official documents ~ ~ 8 In any proceeding before the Commission and in any 9 suit arising out of or under this Act, any letter, paper, docu- 10 ment, map, or record in the possession of any officer ~ or :i~i department or agency of the United States (or certified copies 12 thereof) may be used in evidence and any department or 13 agency of the United States shall give full and free access to 14 the attorney or attorneys for the native groups., regional 15 corporations, and the statewide corporation to such lettei~s, 16 papers, documents, maps, or records as maybe useful to said 17 attorney or attorneys in preparation of such proceeding or 18 suit. 19 TITLE IT-NATIVE TOWNSHIP GRANTS 20 § 201. Grant 21 Each group of natives in Alaska is hereby granted and 22 shall be entitled to. select, after the effective date of this Act, 23 and within twenty-five years after the completion and cer- 24 tification of the final roll of such native group, lands in total PAGENO="0028" 24 10 1 acres not. exceeding the product of the number of persons 2 on the final roll of the native group multiplied by the land 3 selection factor from the public lands of the United States 4 . which are vacant, unappropriated, and unreserved at the 5 time of their selection : Provided, That nothing herein con- 6 tamed shall prevent the selection of lands occupied by or 7 claimed by or owned by such group or by the United States 8 in trust for such group : And provided further, That nothing 9 herein contained shall affect any valid existing claim, boa- 10 tion, or entry under the laws of the United States, whether 11 for homestead, mineral, right-of-way, or other purpose what- 12 soever, or shall affect the rights of any such owner, claimant, 13 locator, or entryman to the full use and enjoyment of the 14 lands so occupied : And provided further, That the total 15 acreage granted to all native groups shall not exceed forty 16 million acres. 17 The land selection factor shall l)e determined by dividing 18 forty million by the number of persons on the final rolls of 19 all native groups entitled to grants of land under this section. 20 § 202. Preferred right of selection 21 Upon completion and certification of a temporary roll 22' of such native group, the native group shall have a preferred 23 right of selection for a period of six months to lands open 24 to selection within the area claimed by such native group by 25 Indian title and withdrawn under section 203, subject to the PAGENO="0029" 11 requirements of this Act, except as against prior existing valid rights or as against equitable claims subject to allowance and confirmation by the Commission. Such preferred right of selection shaM have precedence over the selections hereto- fore or hereafter made by the State of Alaska under section 6 of the Act of July 7, 1958 (72 Stat. 339) as amended to which patent has not been issued to the State of Alaska upon the date of this Act and stich preferred right of applica- tion created by section 4 of the Act of September 27, 1944 (58 Stat. 746, 43 U.S.C. 282), as now or hereafter amended, but not over other preference rights now conferred by law. The lands which each group of natives may select under this section shall not exceed in total acreage the product of the number of persons on the temporary roll of the native group multiplied by the estimated land selection factor determined by the Secretary under section 203. § 203. Temporary withdrawal to protect preference rights Each native group shall, within one hundred twenty days of the date of this Act, file with the Secretary a nomi- nation of lands it desires to be withdrawp temporarily from State selection or selection by others pending selection of lands by it under section 202 in order to reserve such nomi- nated lands for selection under the preference provisions of 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PAGENO="0030" 26 12 ; 1 ~ section 202. If a native group fails to make such nomination . .2 ~ ~ the . Seoretary shall forthwith nominate an area on its behalf, 3 whiëh he deems suitable for selection under section 202. .4 . ~ The Secretary shall forthwith, and not later than six ~. months after the date of this Act, withdraw temporarily from ,6 State selection, or selection by others, lands generally in con- 7.. sonance with the nominations but not exceeding in total area 8 ~ the product of the number of persons the Secretary estimates ~ 9 ~ ~ `wiU be on the final roll of the native group multiplied by his 10. . estimate of the land selection factor but not more than five U ~ hundred. The total acreage so withdrawn for all native 12 groups shall not exceed forty million acres, including lands 13 ~ ~ otherwise withdrawn or reserved. 14 Lands not so nominated for withdrawal five months after :15 the date of this Act shall thereafter be open to State selection 16 notwithstanding the provisions of section 202, and lands not 17 ~ withdrawn six months after the date of this Act shall simi- j8 larly thereafter be open to State selection. 19 The temporary withdrawal for each group shall termi- 20 nate upon the end of the six-month preference period pro- 21 vided by sectiqu 202. 22 The nomination of lands under this section may be made 23 prior to incorporation of the native group or prior to the date 24 of this Act by the vifiage council or other existing governing 2~ body of the native group and the nomination may be made, PAGENO="0031" 27 13 1 if appropriate, by the regional association or regional 2 corporation. ~ ~ ~ ~ ~ , S 3 § 204. Withdrawn lands * S S * 4 (a) Where any lands desired bysuch nativegroup have 5 been withdrawn, title shall nevertheless be granted, * if the 6 withdrawal is for purposes related to native use or the admin- 7 istration of native affairs, or if the Secretary finds that such 8 lands would contribute significantly to the livelihood of the 9 group, and that in his judgment the grant should be made 10 and he is otherwise empowered to revoke the withdrawal. 11 (b) Where any lands desired by such native group 12 have been withdrawn or reserved, title also may be granted 13 in the following manner : The native group shaM forward 14 the nomination of such lands for selection to the Alaska 15 Native Commission, which shall require the agency ha,virIg 16 primary jurisdiction over such withdrawn or reserved land 17 to establish to the satisfaction of the Alaska Native Com- 18 mission by adequate proof of existing public purpose and 19 necessity, that it would be against the public interest to 20 release the nominated lands. If the Commission is not so 21 satisfied it shall make a report in the matter to the Congress 22 and the Congress may, by simple resolution concurred hi 23 by a majority of the Members present and voting in each 24 House of the Congress, at its concurrent or next succeeding 25 session, approve all or any portion of the selection, which PAGENO="0032" 28 14 1 shall thereupon become a final selection, entitling the native 2 group to title under the provisions of this Act. 3 (c) Where any lands desired by such native group for 4 preference selection of lands under section 202 have been 5 withdrawn for wildlife reservation, reindeer reservation, bird 6 refuge, recreational reserves, or wildlife withdrawal, the title 7 shall nevertheless be granted to such native group with the 8 approval of the Secretary. 9 (d) Where any lands desired by such native group for 10 preference selection of lands under section 202 have been 11 withdrawn as National Forests in Alaska, title shall never- 12 theless be granted to ~uoh native group with the approval of 13 the Secretary of Agriculture : Provided, That riot more than 14 one hundred thousand acres shall be granted from the national 15 forests. 16 § 205. General provisions as to selections 17 All laiids granted in quantity to and authorized to l)e 18 selected by native groups by this Act shall be selected in 19 such manner as and in conformity with such regulations as 20 the Secretary may prescribe.. All selections shall be made in 21 reasonably compact tracts, taking into account the situation 22 and potential uses of the lands involved and each tract 23 selected shall contain at least five thousand seven hundred and sixty acres unless isolated from other tracts open to 25 selection. PAGENO="0033" 29 15 1 The authority to make selections shall never be alienated 2 or bargained away, in whole or in part, by a native group 3 except, under the procedures in this Act provided, to other 4 native groups, to regional native corporations, or to the State 5 of Alaska. 6 § 206. Temporary roll 7 The Secretary shall proceed forthwith upon the effec- 8 tive date of this Act, to conduct a temporary enrollnient of 9 each such native group. The period of temporai~y enrollment 10 shall be six moniths at the close of which period the tempo- 11 rary roll shall be closed. 12 § 207. Final roll 13 Upon the completion and certification of the final roll of 14 a native group the Secretary shall advise the native group of ~15 the total acreage of lands which it may select under this title, 16 the total which it has theretofore selected (based upon the 17 temporary roll) and the time remaining to complete its selec- 18 tion, which if less than five years shall be extended to five 19 years from the time such notice is given. If such native 20 group has selected more land under the temporary roll than 21 it is entitled to select under the final roll it shall determine 22 within six months which lands to reconvey (or selections to 23 release if patent has not been granted) to reduce the amount 24 of lands selected to that allowable under the final roll, 98-181 0 - 68 - 3 PAGENO="0034" I § 208. Preferred right of selection as to withdrawn lands 2 Upon the revocation of any order of withdrawal in 3 Alaska within the area claimed by such native group by 4 Indh~n title, the order or revocation shall provide for a 5 period of not less than ninety days before the date on which 6 it otherwise becomes effective during which period the native `7 group shall have a preferred right of selection, subject to the 8 requirements of this Act, except as against prior existing 9 valId. rights~ or as against equitable claims subject to allow- 10 ance * and confirmation by the Commission. Such preferred :11 right of selection shall have preference over the preferred 12 right of selection created by section 6 (g) of the Act of July 13 7, 1958 (72 Stat. 339) and over the preferred right of ap- 14 plication created by section 4 of the Act of September 27, 15 ~ 1955 (58 Stat. 748 ; 43 U.S.C. 282) as now or hereafter 16 amended, but not over other preference rights now conferred 17 by law. The native group shall be forthwith served with a 18 copy of the order and the Secretary of the Interior shall forth- 19 with advise the native group of its right of selection and the 20 method of exercising that right. If the native group is not so 21 served and advised the effective date of the order is thereby 22 suspended until sixty days after service is effected and the 23. advice given. 24 § 209. Surveys and patents 25 Where any lands desired by a native group are unsur- I I!~ 30 16 PAGENO="0035" 31 17 1 veyed at the time of their selection the Secretary shafl never- 2 theless grant patent but shall subsequently survey the exterior 3 boundaries of the area requested without any interior stibdivi- 4 sion thereof and shall issue an amended patent for such 5 selected area in terms of the exterior boundary survey ; where 6 any lands desired by a native group are surveyed at the time 7 of their selection, the boundaries of the area requested shall 8 conform to the public land subdivision established by the 9 approval of the survey. 10 The requirement for exterior boundary survey shall be* 11 satisfied without continuous marking of the line, but by estab- 12 lishment of monuments along all the boundaries, except 13 meander courses, by electronic measurement or other means, 14 at intervals of not more than six thousand feet, or by exten- 15 sion of the rectangular system of surveys over the areas 16 selected. 17 All lands duly selected by a native group pursuant to 18 this Act shall be patented, at the option of the native group, 19 to the native group in fee or in fee to a trustee for the native 20 group. 21 § 210. Tentative approval 22 Following the selection of land by a native group and 23 the tentative approval of such selection by the Secretary of 24 the Interior or his designee, but prior to the issuance of PAGENO="0036" 32 18 patent, suoli native group is hereby authorized to execute conditional leases and to. make condition&l sales of such se- lected lands. §211. Trust Title to lands selected by a native group which chooses to have title held by a trustee shall be held by a trustee or board of trustees selected by the native group, which may be the statewide native corporation, the appropriate regional corporation, the Secretary of the Interior, or a board com- posed of individual trustees approved by him. The term of a trust established pursuant to this section shall not exceed twenty-five years, and when the trust ex- pires title to the corpus of the trust shall vest in the native group. The native group may choose to have all moneys re- ceived by such group held by the trustee. A trustee who re- ceives a conveyance or moneys under this section shall be subject to the laws of Alaska governing the execution of trusts, and shall have the powers and duties set forth in the deed of trust, including without limitation subdivision, man- agement, and disposal of the lands or moneys, investment and reinvestment of the proceeds, and distribution of income or capital of the trust to the members of the beneficiary. So long as the lands or moneys are held by the Secretary of the Interior in trust, he shall have all the power to admin- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0037" 33 19 :1 ister the trust which he could confer upon another trustee, 2 but he shall not be subject to the law of Alaska governing 3 the execution of trusts. 4 § 212. In lieu selections 5 In the case of native groups within whose area claimed 6 by Indian title there are not sufficient lands in Federal 7 ownership to allow selection by a group of all of the lands 8 granted to it under this title, the native group may select 9 lands elsewhere in Alaska in addition to all available lands 10 within its area, but such selection shall be subject to the :ti prior preference right of selection of other native groups 12 under section 202 and section 208. Such "in lieu" selections 13 shall not be deemed to be within the area claimed by Indian 14 title for the purposes of section 202 and section 208. 15 Lands which the commission determines to be of little 16 or no value, such as icecaps, glaciers, and mountain tops, 17 and other barren lands, need not be selected by the native 18 group before selecting lands elsewhere in Alaska under this 19 section. 20 Lands granted under this section shall be subject to a 21 one-sixth royalty upon all proceeds therefrom which is hereby 22 granted to the native group within whose area of occupancy 23 the in lieu lands are situated, and to a one-sixth royalty upon 24 all proceeds therefrom which is hereby granted to the state- 25 wide native corporation. PAGENO="0038" I I § 213. Interim administration under public land laws There is hereby temporarily withdrawn, subject to valid existing rights, from all forms of appropriation under any of the public land laws, including without limitation selection by the State of Alaska under the Statehood Act of July 8, 1958 (72 Stat. 339) , all lands that are subject to selection by any group of natives in Alaska within an area claimed by them under title under section 202 : Provided, That upon the ex- piration of the preference period set forth in section 202, the interim withdrawal of lands pursuant to this section 213 deemed to be terminated as to all lands expressly affected thereby, except those theretofore nominated or withdrawn under section 203 and such lands shall be deemed restored by explanation of law and without the necessity of any order of restoration or other affirmative Act. In no effect shall any interim withdrawal pursuant to this section 213 continue in force and effect beyond the first anniversary date of the approval of this Act. § 214. Reservations and reserves (a) The areas of land and waters heretofore reserved and set aside for the use of the native inhabitants of Akutan, Diomede, Karluk, Unalakleet, Venetie, and Wales are hereby granted to the respective native groups which include such inhabitants, Such grant is not deemed to be under section 34 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PAGENO="0039" 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 21 201 and such native groups shall not be included under this' title except that, to the extent such areas are smaller than. the area to which a group consisting solely of such inhabi- tants would be entitled, the group shall be entitled to select additional lands under regulations of the Commission. ( b) The various reserves set aside by Executive order or Secretarial order for native use or for administration of native affairs, including those created under authority of the Act of May 3 1, , 1938 (52 Stat. 593) shall be revoked by the grant of pateiit pursuant to this Act. § 215. Native Allotment Act Natives as citizens may acquire public lands of the United States under the Native Allotment Act of May 17, 1906 (34 Stat. 197) , as amended (48 U.S.C. 357) , or the provisions of other applicable statutes, notwithstanding the passage of this Act. § 216. Taxation and local laws So long as the lands granted to a native group by thig title are held by such groups or in trust for such groups, and so long as no interests of native members of a group are alienable to persons not descended from an Alaskan native the interest of such native group in such lands shall not he taxed or assessed. Rents, issues, profits, and other revenue PAGENO="0040" 1 2 3 .4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 .21 22 23 24 25 or proceeds derived from such lands shall be taxable to the same extent as such revenues or proceeds are taxable when received by private persons and corporations. Private leaseholds, contracts, or interests in land or prop- erty owned or held by such native groups shall be taxable to the extent of the interests. A native group may make payments to a municipal corpo- ration of the State of Alaska in lieu of taxation or assess- ment but the amount shall not exceed the amount that would be due if the lands were subject to taxation and assessiiient for local public improvements. The lands granted by this title shall be subject iii all other respects to all of the applicable laws, ordinances, and regu- lations of the State of Alaska and its municipal corporations or subdivisions. § 217. Federal highway allocations and fire protection Lands granted by this title shall, so long as the fee therein remains not subject to State or local taxes, continue to be regarded as public lands for the purpose of computing the Federal share of any highway project pursuant to title 23 of the United States Code, as amended and supplemented. Lands granted by this title shall, so long as the fee therein remains not subject to State or local taxes and so long as there are no revenues from the lands, continue *to receive forest fire protection services from the United States at no `~1 . 36 22 PAGENO="0041" 37 23 1 cost to the owner : Provided, That whell there are revenues 2 the owner may contract for forest fire protection services 3 with the United States so long as the fee remains exempt 4 from such taxes. 5 § 218. Rights of certain occupants 6 (a) In the disposal of any land by a native group the 7 group (or trustee therefor) shall give a preference right to 8 the occupant thereof. The Commission shall prepare a roll 9 of persons eligible to be granted lots in a village under this 10 section. 11 (b) . The title to land conveyed to a native under this 12 section shall, at his election, be subject to the provisions of 13 section 1 of the Act of May 25, 1926 (44 Stat. 629 ; 48 14 U.S.C. 355a) , for a period of not to exceed twenty-five years 15 with respect to lands conveyed to Indians, Aleuts, or Eski- 16 mos in townsites established under section 11 of the Act of 17 March 3, 1891 (26 Stat. 1099; 48 U.S.C. 355), as supple- 18 mented by the Act of February 26, 1948 (62 Stat. 35; 48 19 U.S.C.355(e)). 20 (o) A village group (or trustee therefor) may convey 21 land granted under this Act, after receiving a patent, with- 22 out compensation to a private religious, charitable, or educa- 23 tional institution occupying such land with buildings or facili- 24 ties owned by it on the date of the patent. PAGENO="0042" 38 24 1 § 219. Additional township grants 2 The Secretary of the Interior may grant to a native 3 group lands in addition to those granted by this Act if he 4 finds that such additional grant is warranted by the economic 5 needs of the native group or his determination that the native 6 group has not received a reasonably fair and equitable por- 7 tion of the lands settled upon all native groups and granted 8 by this Act. 9 Criteria applicable to these situations shall be developed 10 by the Alaska Native Commission and shall be made avail- 11 able to the Secretary as advisory recommendations. 12 § 220. Priority between State and native selections absent 13 preference rights 14 In the event of conflicting selections by any native group 15 and the State of Alaska, in the absence of preferences given 16 by this Act, first in time is first in right as to the lands 17 selected by both. Any dispute arising under this section shall 18 be adjudicated by the Commission, subject to the provisions 19 of this Act. 20 § 221. Contracts with the Alaska Division of Lands 21 A native group (or trustee therefor) may contract with 22 the State of Alaska or any of its agencies, such as the Alaska 23 State Division of Lands for the management of lands granted 24 to it under this Act: Provided, That no sale, lease, exchange, 25 or other disposal of such lands may be made without the PAGENO="0043" 39 25 approval of the governing body of the native group (or the trustee) . The contract may cover all or a portion of the lands of the native group, shall be terminable upon rettsonable notice by either party, and shall provide for the terms of management by reference to law or regulation or otherwise. § 222. Conveyance, release, and redistribution of land selec. tion rights Any native group may release all or any part of its authority to make selections to the Commission, which shall redistribute such authority under the standards set forth in section 219, and authority so released shall not be deemed to have been received by such native group or to have been of value to it. Any native group may convey all or any part of the authority to make selections to the State of Alaska in con- sideration of land conveyed by the State to such native group or, with the approval of the Commission, for other consideration. Any native group may convey all or any part of its authority to make selections to any other native group, native regional corporation, and statewide native corporation under such rules and regulations as the Commission may prescribe. Any selections unused by any native group twenty-five years after the certification of the final roll shall be subject I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PAGENO="0044" 40 :~ 26 1 to redistribution by the Commission within five years there- 2 after under the standards prepared under section 210. 3 § 223. State not to lose entitlement 4 Selections of Federal lands by the State of Alaska under 5 . the Alaska Statehood Act which are voided by reason of 6 preference rights granted to and exercised by the natives ~: of Alaska under this Act shall not be deemed to reduce 8 the amount of land granted by the Statehood Act and `for 9 such purpose shall be regarded as an ineffective exercise 10 of the power of selection of lands determined not available 11 for selection. 12 * TITLE Ill-OUTER CONTINENTAL SHELF 13 I~OYALTY 14 § 301. Grant of royalty 15 The natives of Alaska are hereby granted and shall be 16 entitled to 10 per centum of all revenues hereafter received 17 by the United States from the Outer Continental Shelf bor- 18 dering `the State of Alaska, to be distributed as herein pro- 19 vided, for a term of not less than twenty-five years. Such 20 revenues when received by the United States shall be de- 21 posited in a special account in the United States Treasury. 22 § 302. Advance on royalty 23 There are authorized to be appropriated and deposited 24 in the special account $20,000,000, which shall be considered PAGENO="0045" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 41 27 an advance against future Outer Continental Shelf revenues to be deposited in the special account pursuant to section 301 of this Act. The advance shall be repaid by deducting each year one-half of the revenues that would otherwise be de- posited in the special account that year, and depositing them in miscellaneous receipts of the Treasury until the full amount of the advance is repaid. § 303. Computation of term In computing the minimum term of the royalty granted by section 301 of this Act there shall be excluded from the period any year in which the revenues received by the United States and deposited in the special account are less than $1,000,000, any year in which the full 10 per centum of revenues, pursuant to section 302, are not deposited in the special account, and any year in which no revenues are de- posited in the special account. § 304. Modification and termination After the end of the minimum term of the royalty and at ten-year intervals thereafter, the Secretary of the Interior shall submit to Oongress a report and recommendations with respect to the royalty granted by this title, and Congress thereafter may increase, reduce, modify, or terminate the royalty, but not as to revenues theretofore received by the United States. PAGENO="0046" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 28 § 305. Distribution to native groups (a) Eaoh year, on a date selected by the Seoretary of the Interior, the Seoretary shall apportion 75 per centum of the unallocated revenues then in the special account among the native groups in Alaska. The apportionment shail be on the basis of th~ number of natives in each native group whose names are on the rolls prepared pursuant to sections 206 and 207 of this Act. The money apportioned shall be paid to each incorporated native group approved by the ~Jomrnission, and shall be available for use in accordance with the annual budgets prepared by the native group, sub- nutted to and not disapproved by th~ Commission. The right to disapprove such budgets shall expire when the corpora- tion terminates benefits and limits distributions to dividends from earned surplus. (b) Until such time as the money apportioned to native groups of Tlingit and Haida Indians in Oourt of Claims docket numbered 47,9000, exceeds the money apportioned under this section to such native groups, such portion shall be withheld and reapportioned to the other native groups. How- ever, moneys apportioned to such Tlingit and Haida groups before actual receipt of moneys from such judgment shall not * be withheld, but shall be regarded as a loan bearing 5 per centum interest which shall be repaid to the special account from the judgment moneys when received. PAGENO="0047" (C) Until such time as the money apportioned to any native group which obtains a final money award from the Indian Claims Commission exceeds any money so awarded to such native group, the money apportioned under this see- tion to such a native group shall be withheld and reappor- tioned to the other native groups. However, moneys appor- tioned to such native groups before actual receipt of moneys from such judgment shall not be withheld, but shall be re- garded as a loan bearing 5 per centum interest which shall be repaid to the special account from the awarded moneys when received. § 306. Distribution to native regional corporations Twenty per centum of the unallocated revenues in the special account each year shall be apportioned by the Secre- tary of the Interior among corporations to be organized un- der the laws of Alaska for the purpose of promoting the wel- fare of natives enrolled in the native groups of the geo- graphic region represented by each corporation. The articles of incorporation must be approved by the Commission. Such corporations shall be organized to represent all regions in Alaska in which enrolled natives reside. The money appor- tioned to each corporation shall be paid to the corporation for use in accordance with the annual budgets prepared by the corporation, submitted to and not disapproved by the 43 I 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PAGENO="0048" if :: i Commission. The right to disapprove such budgets shall cx- 2 pire twenty-five years after the date of this Act. 3 § 307. Distribution to native statewide corporation 4 Five per centum of the unallocated revenues in the 5 special account each year shall be apportioned by the Score- 6 tary of the Interior to the corporation to be organized under 7 the laws of Alaska for the purpose of promoting the welfare 8 of all natives enrolled in native groups under this Act. The 9 artjcles of incorporation must be approved by the Corn- 10 mission. The money apportioned to this corporation shall 11 be paid to it for use in accordance with the annual budgets 12 prepared by the corporation, submitted to and not disap- 13 proved by the Commission. The right to disapprove such 14 budgets shall expire fifteen years after the date of this Act. 15 § 308. Temporary advancements 16 Not to exceed 75 per centum of the funds subject to 17 apportionment tinder sections 305, 306, and 307 of this 18 Act shall be apportioned by the Secretary on the basis of 19 estimates of native population prior to the completion of the 20 final rolls prepared pursuant to section 207 of this Act, and 21 such apportionments shall be adjusted when the final rolls 22 are available. 23 § 309. Development of revenues 24 The Secretary of the Interior shall proceed with the ceo- 25 nomic development of the Outer Continental Shelf bordering PAGENO="0049" 31 the State of Alaska expeditiously and without delay. The Secretary shall annually advise the Commission on the status of and plans for such development, and the Commission shall thereafter make its recommendations thereon to the Secretary. TITLE TV-ABORIGINAL 000UPAN( V § 401. Aboriginal use and occupancy right The natives of Alaska may continue to use or occupy, for hunting, fishing, and trapping purposes, and for any other aboriginal land use any lands in Alaska that are owned by the United States. Such use or occupation may be made subject to reason- able conditions by regulations adopted by the Secretary of the Interior. Suc,h use or occupancy may be reserved in any patents or leases hereafter issued on public lands in Alaska pursuant to the Alaska Statehood Act, or the public land, mining, and mineral leasing laws if the Secretary thereafter grants a per- mit or permits to continue such use of the land, but the right to grant such permits shall not extend beyond one hundred years after the date of this Act. § 402. Termination and compensation Termination of aboriginal use and occupancy, whether by termination of the permit herein provided for, the patent 98-181 0 - 68 - 4 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PAGENO="0050" 46 32 1 or lease of public lands without reservation, land withdrawal 2 or reservation, or otherwise, shall not be compensable. ~ TITLE V-GENERAL.PROVISIONS 4 § 501. Final settlement of native claims 5 The provisions of this Act shall be regarded as full settle- 6 ment of all claims against the United States based upon 7 aboriginal right, title, use, or occupancy of lands in Alaska 8 by natives of Alaska, except claims now pending before the 9 Indian Claims Commission or the Court of Claims by previ- 10 ous authothation of Congress. The provisions of the Act of 11 May 17, 1884 (23 Stat. 24) , and the Act of Jirne 6, 1900 12 ( 3 1 Stat. 32 1 ) , declaring that the nati~es shall not be dis- 13 turbed in the possession of any lands used, occupied, or 14 claimed by them, but reserving for future legislation the 15 terms and conditions by which the nativ~s may acquire title, 16 are repealed. 17 ~ 502. Time for filing claims 18 Each group of natives in Alaska may file a claim 19 grounded upon aboriginal use and occupancy from time im- 20 memorial, or file an amendment to such a claim heretofore 21 filed with the United States, within six months of the date of 22 this Act. Such claims or amendments thereto may be filed 23 with the Bureau of Land Management until the Alaska 24 Native Commission has been appointed, and thereafter with 25 the Commission. The Bureau of Land Management shall PAGENO="0051" transmit promptly to the Commission all claims that have been filed with it previous to the appointment of the Corn- mission, as well as those received thereafter. § 503. Conflicting claims The Alaska Native Commission is vested with jurisdic- tion to hear and equitably determine conflicting claims be- tween native groups or to reduce a claim area upon petition of the State of Alaska, the Secretary of the Interior, or any aggrieved person. Resolution of a conflicting claim may in- dude granting each group an interest in the area in conffict. § 504. Claims of new villages Native groups related to native villages which have been established or which have moved during recorded history, such as the village of Beaver, shall be permitted to file a claim based upon aboriginal use and occupancy during such period. § 505. Claims of abandoned villages A native group related to a native village which has been abandoned involuntarily during recorded history, or which has been absorbed by a nonnative community, may file a claim based upon aboriginal use and occupancy before such involuntary abandonment or `absorption. § 506. Merger of claims and groups Native groups and native group corporations may merge or may merge their claims. Regional associations may con- 47 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0052" 48 34 stitute the successor to such merged groups and corporations and may file a claim on behalf of all, and the regional native association or corporation shall, in such event, also be deemed to mean native group or incorporated native group provided for herein. The Alaska Native Commission may regulate such mergers, including those occurring before the date of this Act. § 507. Enrollment The Secretary of the Interior shall conduct a temporary and a final enrollment for every native group in Alaska, as provided in sections 206 and 207 of this Act. Each native group may determine its terms of member- ship and, thereby, of enrollment : Provided, That each native of Alaska, regardless of present residence, shall be afforded an opportunity to be enrolled in a native, group. In the event a native is denied enrollment by any or all appropriate native groups, he may apply for enrollment to the Commission, which, if it finds him otherwise entitled to enrollment, shall order him enrolled by the native group it deems most appro- priate, such as the native group related to the village in which or nearest which he resides, or from which he or an ancestor came. A native of Alaska is entitled to enrollment upon the rolls of only one native group. If the temporary or final roll of a natiY~ group contains 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0053" I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 the 49 35 less than twenty-five natives, those enrolled thereon shall be placed on the rolls of other native groups, as the Commission finds appropriate, and the first enrollment canceled. § 508. Enrollment of regional native corporations and statewide native corporation The enrollment of a regional native corporation shall consist of the several rolls of the native groups of the region. Every native group shall be entitled to have its roll included as a part of the roll of only one regional corporation and, if denied, may apply to the Commission for an order placing it on the roll of the regional corporation found appropriate by the Commission. There shall be no more than twenty regional native corporations. The rolls of all native groups shall constitute the rolls of the statewide native corporation. § 509. Exclusion of Metlakahtla Indians Metlakahtla Indians are excluded from the benefits of this Act. The blood quantum derived by an Alaska native from a Metlakahtla Indian shall be excluded in determining minimum blood quanta under this Act. The Annette Islands Reservation and the communities within it shall not consti- tute a native group hereunder. However, nothing in this Act shall be construed to impair the benefits granted to Metlakahtla Indians by section 15 of the Act of May 17, I PAGENO="0054" 50 36 :1. 1884 (23 Stat. 26) , and other benefits to which they may 2 be entitled under other laws. 3 § 510. Alaska Federation of Natives and regional asso- 4 ciations 5 The Alaska Federation of Natives may become the state- 6 wide native corporatiGn and existing regional native associa- 7 tions may become regional native corporations as provided *8 in this Act, and in the State Native Olaims Act of 1968, by 9. filing appropriate articles of incorporatkrn or amended articles 10 of incorporation under that Act, duly approved by the Corn- :11. ~ mission as provided herein. 12 . If all of the native groups of an existing regional asso- 13 ciation which has filed a blanket claim on behalf of all na- 14 tives of that region do not seek incorporation as native 15 groups and do not request separate enrollment, the interest 16 of such native groups shall be deemed to have merged in the 17 regional native associittion or corpOration, which corporation 18 shall be deemed an incorporated native group when appro- 19 priato. 20 § 511. Continuation of programs 21 Special services performed by the United States for 22 Indians, Abuts, and Eskimos because of their status as In- 23 dians, Aleuts, or Eskimos shall continue to be performed and 24 the passage of this Act shall not be cause for the reduction 25 or elimination of such services, except and to the extent PAGENO="0055" 51 37 1 t1i~at the nee(I for such services in the course of time may be 2 reduced b3r reason of tile benefits provided by this Act. 3 § 512. Incorporation 4 All Iffitive groups and regional native corporations afl(l 5 the statewide native COrI)oration shall be ilicorporated tinder 6 the Alaska Busiiiess Corporation Act, as the same may be 7 suI)plemented l)y the J)roj)osed State Native Claims Act of 8 1968 or simiiar legislation. 9 So long as the shares. in such a corporation may itot be :to held by a ~ not enrolled tinder this Act or descended 1:1. from a ieisoi~ enrolled U1l(ler tins Act, the corJ)oration shall 12 be deeme(l au nicorporated tribal group aiid subject to appro- 13 ~ priate restrictions imposed by this Act and the State Native 14 Claims Act of 1968. . . . . 15 A corporation organized as 1)rovided herein simli not be 16 an agency or instrimientality of the ITnited States for any 17 purpose, kind the United States :siiali not be res])oiisible for 18 the corporation's actiong or debts unless specifically' gnat'- 19 anteed or insured by the IJinted States. 20 A corporation organized as provided herein may be 21 sued in tite same maimer as any private busmes~ corporation. 22 § 513. Alternative incorporation under the Indian Reor- 23 ganization Act . 24 Native groups required to incorporate shall have the 25 option to incorporate under the Indian Reorganization Act PAGENO="0056" 52 38 as an alternative to incorporation under Alaska law: Provided, That- ( a) residence shall not be restricted and residence or proposed residence shall not be made a restriction on membership or shareholding, voting of shares, or receipt of benefits from the corporation, except that distribu- tion of land in kind for townsite lots, fish campsites, or other aboriginal use may be limited to residents, but continued residence shall not be made a condition of any such distribution of land in kind; and (b) the corporation shall not make any per capita distribution. An existing corporation * chartered under the Indian Reorganization Act may be recognized as the incorporated native group by the Commission. A corporation organized under this section may be sued in the same manner as any private business corporation. The Commission may make such rules and regulations as it deems necessary or proper to give effect to this section, including conversion to a corpora- tion under Alaska law. § 514. Taxation (a) Lands held by a corporation and revenues there- from shall be taxable to the extent provided in section 216. (b) Royalties received by a corporation from grants ~iI~I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 PAGENO="0057" 53 39 1 made by this Act or the State Native Claims Act of 1968 2 shall not be taxed to the corporation. 3 (c) Dividends paid to shareholders shall be taxable to 4 the shareholder. ~ 5 (d) Distributions during the period distributions are 6 allowed under the State Native Claims Act of 1968 shall not 7 be taxable to the shareholders or other recipients. 8 (e) Liquidation payments shall be taxable, but only to 9 the extent of gain during the period the property was ye- 10 ceived and held by the corporation. 11 § 515. Authorization for appropriation 12 There are authorized to be appropriated not more than 13 $5,000,000, to be available until expended, to defray the 14 expenses of taking the temporary and permanent rolls here- 15 under, of the Alaska Native Commission, and of otherwise 16 carrying out this Act. 17 § 516. Definitions 18 As used in this Act, the following definitions apply: 19 (a) A "native group" means any tribe, band, village, 20 community, association, or other identifiable group of In- 21 dians, Aleuts, or Eskimos of Alaska, residents in Alaska, in- 22 eluding identifiable groups of residents of a locality which, as * 23 such a group, claims Indian title to land in Alaska by virtue 24 of aboriginal use and occupancy at any time. PAGENO="0058" I I 54 40 1 ~ (!b) The terms ` "native" arid "Alaska native" mean 2 any Alaskan Indian, Eskimo, or Abut ~f at least one-fourth 3 degree Indian, Eskimo, or Aleut blood or, in the absence 4 of proof of a minimum blood quantum, `who is regarded as 5* ~ native by' the native group in which lie claims enrollment, 6 `and whose father or * mother was regarded as native by that 7 or any other native group. 8 ` `(c) A "regional native association" means an association 9. of natives ` or native' groups organized ` to repre~ent the in- 10 terests of theY natives of a region of' Alaska which is greater 11 than the area occupied or formerly ~ occupied' by a historic `12 ~ native gtoup. The interests of iiative `gr~ups within the rO- 13 gionmay be merged in the' regional associaflon. ` ` 14 (d) A "regional `native corporation" `means aOorpora~- 15 tion organized under the laws of Alaskk"and' this Act, repro- ` 16 senting the interests of the natives of a particular `region of 17 Alaska. The interests of native groups `within the region may 18 be'merged `in the regional native corporation. 19 ` `~(e) The `term "group" or "nativO `group" may, when 20 appropriate,' ii~ielude' not Only "native group" but also "re- 21 gional native association",' "regional native corporation" and 22 the statewide native corporation. " `` 23 (f) `The "Outer Continental She1f~' `means' the sub- 24 merged lands subject to the jurisdiction and cOntrol of the PAGENO="0059" United States under the Outer Continental Shelf Lands Act of 1953 (67 Stat. 462). § 518. Short title This Act shall be known and cited as the Federal Alaska Native Claims Act of 1968. 55 41 1 2 3 4 5 PAGENO="0060" 56 90TH CONGRESS H. R. 1 71 29 2D SESSION A BILL To provide for the settlement of aboriginal land claims of Alaska Natives, and for other purposes. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, That this Act may be cited as the "Alaska Native Claims Settlement Act of 1968". DEFINITIONS SEc. 2. For the purposes of this Act, the term- (a) "Secretary" means the Secretary of the Interior; (b) "Native" means an Alaska Indian, Eskimo, or Aleut of at least one-fourth degree Alaska Indian, Eskimo, or Aleut blood, ~r a combination thereof, excluding Tsimshian Indian blood; and / I? IN THE HOUSE OF REPRESENTATIVES MAY 8, 1968 Mr. ASPINALL (by request) introduced the following bill; which was referred to the Committee on Interior and Insular Affairs 1 2 3 4 5 6 7 8 9 10 11 PAGENO="0061" 57 2 1 ~ * ~ (c~) "Native group" means any village, community, or 2 association in Alaska composed of twenty-five or more 3 Natives and approved by the Secretary. 4 : DECLARATION OF POLICY 5 SEC. 3. Congress finds and declares that there is an 6 immediate need for a fair and just settlement of land claims 7 by Natives of Alaska, and that a fair and just settlement 8 should provide for (a) a grant to each Native group of title 9 to their present village sites, and to additional lands in the 10 vicinity of the villages ~ that will be needed for reasonable iTt community expansion to fulfill future economic and' social 12 requirements, (b ) a reasonable payment to Native groups 13 for the purpose of enhancing their present and future welfare, 14 and (c) exclusive Native hunting, fishing, trapping, and 15 berrypicking on Federal lands not granted to the Native 16 groups. It is the purpose of this Act to provide for such 17 settlement. 18 DECLARATION OF SETTLEMENT 19 SEC. 4. The provisions of this Act shall be regarded as 20 full and final settlement of any and all claims against the 21 United States based upon aboriginal right, title, use, or 22 occupancy of lands in Alaska by Natives, including claims 23 pending before the Indian Claims Commission that are based PAGENO="0062" on such aboriginal right, title, use, or occupancy in which a~ final judgment has not been entered on the date of this Aet. Such claims shall be dismissed by the Commission. GRANT OF LANDS SEC. 5. (a) The Secretary, upon his own initiative and without application, is authorized to grant to each Native group, subject to valid existing rights, ( 1 ) title to the village site or sites now occupied by such group, and (2) title to such additional lazids in the vicinity of such site ~r sites which, in his judgment, would contribute significantly to reasonable community expansion and to the fulfillment of future eco- nomic and social requirements of the group, taking into ac- . count such factors as population, economic resources, tradi- tional way of life, and the nature and value of the lands. Such grant may include noncontiguous lands that are used and occupied by the Natives for burial grounds, airfields, water supply, hunting and fishing camps, and dock or boat- launching sites. In the case of Native villages in locations where sufficient additiona.l lands in Federal ownership are not available to permit the grant of additional lands contem- plated by this subsection, the Secretary may grant other lands in lieu thereof subject to the same conditions and limi- I 58 3 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PAGENO="0063" 59 (b) A, grant of land to a Native group under this section shall not exceed fifty thousand acres, and shall not include land withdrawn for purposes unrelated to Native use or the administration of Native affairs. (c ) The provisions of this section shall not apply to Native groups who are beneficiaries of the judgment re- covere~I by the Tlingit and Haida Indians in Court of Claims docket Numbered 47900. RESERVATIONS AND RESERVES SEC. 6. (a) The areas of lands and waters heretofore reserved and set aside by Executive or secretarial order for the use of the Native groups of Akutan, Diomede, Karluk, Unalakleet, Venetie, and Wales are hereby granted to said gr~ups, respectively. (b) Not to exceed fifty thousand acres in any other reserve set aside by Executive or secretarial order for Native use or for administration of Native affairs, including those created under authority of the Act of May 31, 1938 (52 Stat. 593), may be granted, subject to any valid existing rights of non-Natives, to the Native group using or occupy- ing the land on the date of enactment of this Act. Such grant shall revoke the Executive or secretarial order. (c) To the extent any area granted under subsection 4 tations that apply to grants of land within the vicinity of a village. 1 2 3 4 5 Ii 7 8 9 10 11 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0064" 60 5 ( a) or (b) is smaller than the area that could have been granted to the Native group under the terms of section 5 of this Act, additional lands may be granted to the Native group by the Secretary, subject ~o the same conditions and limitations that apply to grants under section 5. ( d) A grant of lands and waters under subsection (a) or (b) shall include all mineral interests therein. INTERIM ADMINISTRATION TINDER PUBLIC LAND LAWS SEC. 7. (a) As soon as possible after the date of this Act, the Secretary shall withdraw, subject to valid existing rights, from all forms of appropriation under any of the pub- lie land laws, including without limitation selection by the State of Alaska under the Statehood Act of July 7, 1958 (72 Stat. 339), any lands which he believes may be subject to grant to a Native group pursuant to this Act, but not to exceed a total of twenty million acres. Such withdrawals shall be revoked as rapidly as grants to Native groups permit. A State selection of lands that are withdrawn shall not be approved, regardless of whether the selection was ~uitiated before or after the withdrawal, until the withdrawal is revoked. (b) A Native claim based on use and occupancy of unwithdrawii land shall not be the basis for the rejection of State selections or other applications or claims under the public land laws. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0065" 61 6 (c) Either before withdrawing lands under this section or before granting a patent pursuant to this Act, the' Secre- tary shall consult with the Secretary of Defense with respect to the effect of the withdrawal or grant on the security of the United `States. ( d) Nothing in this Act shall affect the rights of Natives as citizens to acquire public lands of the United States under the Native Allotment Act of May 17, 1906 (34 Stat. 197), as amended (48 U.S.C. 357) , or the provisions of other applicable statutes. ( e) Lands granted pursuant to this Act shall, so long as they remain not subject to State or local taxes on real estate, continue to be regarded as public lands for the purpose of computing the Federal share of any highway project pur- suant to title 23 of the Unhed States Code, as amended and supplemented. (f) Any lands granted in fee or in trust under this Act shall be subject to the right of the Secretary to issue and enforce for the protection of migratory birds regulations in accoi~dance with the provisions of the Migratory Bird Treaty Act, as amended. (g) The Secretary is authorized to make any grant of land under this Act subject to easements for any public use, benefit, or purpose, including easements for the administra- tion and utilization of any Federal lands. 98-181 0 - 68 - 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0066" (h) Prior to conveyance of land under this Act, the Secretary shall bave its exterior boundaries surveyed. This requirement for survey shall be satisfied without continuous marking of the 1in~, but by establishment of monuments along all the boundaries, except meander courses, by electronic measurement or other means, at intervals of not more than six thousand feet, or by extension of the rectangular system of surveys over the areas conveyed. Conveyances of surveyed lands shall be in accordance with the plats of survey~ and those for unsurveyed lands shall, following survey, be so conformed. TRUSTS SEC. 8. (a) Title to land. granted . under this Act to a Native group shall be held by the United States in trust for the group. The term of the trust shall be for twenty-five years from the date title is granted, unless sooner terminated by the Secretary on application of the Native group. When a trust terminates it shall be liquidated in accordance with regula- tions prescribed by the Secretary. Wlieuiever a distribution of capital or income of. the trust is iiiade to the Native group, the determination of the Secretary with respect to qualified recipients. shall be final and conclusive. (b) The Secretary, as trustee, is authorized to subdivide, manage, and dispose of by sale, lease, or other method the 62 7 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PAGENO="0067" lands or interests therein, to invest and reinvest the proceeds, and to distribute income or capital of the trust to the Native group. In the disposal of any tract of land the trustee shall give a right of first refusal to the occupant thereof. The title to land conveyed by the trustee to a Native shall be subject to the provisions of section 1 of the Act of May 25, 1926 (44 Stat. 629; 48 U.S.C. 355a), with respect to lands conveyed to Natives :jfl townsites established under. section 11 of the Act of March 3, 1891 (26 Stat. 1099; 48 U.S.C. 355), as supplemented by the Act of February 26, 1948 (62 Stat. 35; 48 U.S.C. 355e). The trustee may convey without com- pensation to private religious, charitable, or educational institutions or organizations any trust land occupied by build- ings or facilities owned by them* on the date the trust is established. MINERALS SEC. 9. All mineral interests in lands granted to a Native group pursuant to section 5 or subsection 6 (c) of this Act shall be conveyed by the Secretary, subject to valid existing rights of any non-Native, to the Corporation established pursuant to section 10 of this Act. One-half of all revenues received by the Corporation in the administration of such mineral interests shall be paid to such Native grOup, and one- half shall be retained by the Corporation for corporate pur- poses. When the corporation is dissolved, or when so pro- 63 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGENO="0068" 64 9 1 vided by Act of CGngress, such mineral interests shall be 2 ~ conveyed to the Native group. 3 NATIVE EIJONOMIC IMPROVEMENT CORPORATION 4 . SEC. 10. (a) The Secretary shall arrange for incorpora- 5 tion under the laws of Alaska of a single nonprofit state- 6 wide Native Economic Improvement Corporation, herein- 7 after referred to as the "Corporation," for the purpose of 8 promoting economic opportunity for the Natives and their 9 descendants in Alaska. The corporate charter or other or- 10 ganization documeiits shall provide for election of a Board 11 of Directors by the Natives in Alaska on a basis which the 12 Secretary determines will assure adequate representation of 13 all such Natives ; for appointment by the Board of a President 14 who shall be responsible for carrying out the Corporation's 15 functions in a businesslike manner coiisistent with the pro- 16 visions of this Act and the policies and directives of the 17 Board, and for appointment of such other officers as the 18 Board deems desirable; and for employment by the President 19 of the Corporation's other agents and employees. 20 (b) The Corporation, in accordance with such standards 21 as the Commission established by this Act may from time to 22 time prescribe, shall be given authority, among other things, 23 to- 24 (1) initiate and coordinate the preparation of long- PAGENO="0069" 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 range economic development programs for the Natives and their descendants ( 2) foster or undertake surveys and studies to pro- vide data required for the preparation of specific plans and programs of development; ( 3) promote private investment in enterprises or activities which will improve the economic status of Natives and their descendants; ( 4) develop, establish, operate, and maintain var- ious business enterprises or invest in such enterprises to develop,' improve, and utilize skills and capabilities of the Natives and their descendants; ( 5) make loans to Natives and their descendants in Alaska on reasonable terms and conditions to finance plant construction, reconstruëtion, conversion, or expali- s'ion, the acquisition of equipment, facilities, machinery, supplies, or materials, and for any other purpose that will promote economic development for the Native's and their descendants in Alaska, where financial assistance is not otherwise available on reasonable terms; (6) niake grants to Native groups for the develop- ment and operation and maintenance of projects which will promote the welfare of the Natives and their de- scendants; and (7) lease competitively, in accordance with sound PAGENO="0070" 66 11 conservation principles and practices, the minerals held by the Corporation. (c) The Corporation shall not be regarded as an instru- mentality of the United States for any purpose, and the `United States shall not be responsible for the Corporation's actions or debts. The members of the Board, the manager, and the other officers, agents, and employees of the Corpora- tion shall not be regarded. as Federal employees for any purpose. ( d) The Corporation shall maintain complete and ac- curate books of account and records which shall be reviewed by said Commission periodically. The Commission shall periodically report to the Congress, through the Secretary and the President, but at not less than three-year intervals, on the activities and financial condition of the Corporation. ( e ) Notwithstanding the definitions of Native and Na- tive group in section 2 of this Act, Indians enrolled in the Metlakahtla Indian Tribe of the Annette Island Reserve shall be regarded as Natives for the purposes of this section. TAXATTON SEc. 11. So long as the lands granted to a Native group by this Act are held by the United States in trust, and so long as the minerals conveyed to the Corporation are retained by the Corporation, such land and minerals shall riot be subject to State or local taxes upon real estate. Rents, / 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. PAGENO="0071" 67 12 1 issues, profits, royalties, and, other revenues or proceeds de- 2 rived from such lands by a Native or his descendant or a 3 non-Native shall be subject to Federal and State or local tax 4 laws. Paywents made to the Corporation u~de*r section 14 of 5 this Act shall not be taxed to the Corporation. Leasehold 6 or other interests in such lands held by non-Natives may be 7 taxed as provided by State law. No part of any per capita 8 distribution of funds granted to a Native group under section 9 14 of this Act or of mineral revenues paid to a Native group 10 by the Corporation under section 9 of this Act shall be sub- 11 ject to Federal or State income tax. The Corporation shall 12 be organized and operated in a manner which will enable it 13 to qualify for tax exemption under section 501 of the Inter- 14 nal Revenue Code of 1954. . . ` ~ . 15 ENROLLMENT :16 SEC. 12. The Secretary shall prepare a roll of Natives 17 living on the date of this Act, and a roster of Native groups 18 eligible to receive any grant under this Act. .Before any roster 19 or roll is finally approved by the Secretary, it shall be pub- 20 lished in such manner as he shall find to be practicable, and 21 an opportunity shall be given to lodge protests thereto. The 22 Secretary's findings shall be conclusive~ The roll shall show 23 the Native group to which each Native belongs. Eaôh Native 24 shall be afforded an opportñnity to be enrolled in the group 25 among which or nearest which he resides. or in the group PAGENO="0072" 68 13 .1 from which an ancestor came, under regulations issued by 2 the Secretary. 3 ABORIGINAL USE 4 SEC. 13. The Secretary may, with the concurrence of the 5 head of the agency administering the land, issue permits to 6 Natives in Alaska giving them the exclusive privilege for not 7 more than fifty years from the date of this Act to hunt, fish, 8 ~ and pick berries, in accordance with applicable State 9 and Federal laws and regulations, on any land in Alaska that 10 ~ ~ owned by the United States. Such permit shall not pre- 11 chide other uses of the land, and shall terminate if the land is 12 patented or leased. Any patent or lease hereafter issued for 13 such land pursuant to the Alaska Statehood Act, or the pub- 14 li~ land, mining, or mineral leasing laws, shall reserve to the 15 United States for fifty years from the date of this Act the 16 right to issue to Natives nonexciusive hunting, fishing, trap- 17 ping, and berrypioking permits. 18 GI~ANT OF MONEY 19 SEc. 14. (a) In lieu of according the Natives any right 20 to recover compensation for the extinguishment of aboriginal 21 title, there is authorized tO be appropriated and deposited 22 in a special account in the United States Treasury to the 23 credit of the Natives a sum computed and appropriated as 24 follows: The lesser of (1) $3,00Q multiplied by the number PAGENO="0073" I :: 1 of names appearing on the roll prepared pursuant to section 2 12 of this Act, or (2) $180,000,000, shall be apportioned 3 among the Native groups on the basis of the relative number 4 of enrolled Natives in each group. The amount of the iiet 5 judgment aw&rded to the Tlingit and Haida Indians in 6 Court of Claims docket numbered 47900, after payment 7 of attorney fees and litigation expenses, shall then be de- 8 clucted from. the apportionment to the various groups on the 9 basis of the ratio of the namber of Tlingit and Haida Indians 10 ~ enrolled in each group to the total number of Tlingit and 11 Haida Indians enrolled in all groups. One-third of the ad- 12 ~ justed apportionment to each group is authorized to be 13~ appropriated and deposited to the credit of the group in the 14 special account during fiscal year .1971, and the balance is 15 authorized to be appropriated and deposited in the special 16 account in equal amounts in the succeeding four fiscal years. 17 Deposits shall earn interest at the rate of 4 per centum 18 per annum from the date of deposit. 19 (b) Each year the Secretary shall make available to 20 each Native group 90 per centum of the money in the special 21 account credited to it, including accrued interest thereon, 22 and the money may be advanced, expended, invested,' or 23 reinvested for any purpose that is authorized by the govern- 24 ing body of the Native group and approved by the commis- 25 sion established pursuant to section 1~3 of this Act. The re- PAGENO="0074" :: 1 ~ maining 10 per centum shall be paid to the corporation es- 2 tablished pursuant to section 10 of this Act. ~ ALASKA NATIVE COMMISSION 4 SEC. 15. In order to assist the Secretary in the adminis- 5 tration of this Act, the President shall appoint an Alaska 6 Native Commission of not to exceed * three members who 7 shall serve at the pleasure of the President. A majority of 8 the members shall have been residents of Alaska for one or 9 more years preceding appointment. The Commission shall 10 be located within the Department of the Interior and shall 11 have the duties and powers prescribed in this Act and such 12 other duties and powers as the Secretary may from time to 13 time delegate. The Secretary shall also prescribe the corn- 14 pensation to be paid to the members and provide for payment 15 of Commission expenses, including employment of necessary 16 personnel. The Secretary may utilize, with or without reim- 17 bursement, personnel and facilities of the 1)epartment of the 18 Interior to assist the Commission in carrying out its functions. 19 NATIONAL FOREST LANDS 20 SEC. 16. Native groups shall qualify as comrnunities 21 within the meaning of section 6 (a) of the Alaska Statehood 22 Act. 23 APPROPRIATIONS 24 SEC. 17. (a) There are authorized to be appropriated 25 to the Secretary such sums as may be necessary to defray PAGENO="0075" 71 16 the costs of the planning, subdivision, survey, management, and disposal of lands under this Act, either directly by the Secretary or by contract, and to pay the expenses of the Commission establish&l pursuant to this Act, and to carry out other functions authorized by this Act. Suoh sums shall be available until expended. (b) There are authorized to be appropriated to the Secretary such sums as may be necessary to pay all reason- able attorneys' fees and expenses actually incurred by any Native or Native group, as determined by the Secretary, in connection with any claims pending before the Indian Claims Commission on the date of enactment of this Act which are dismissed pursuant to section 4 of this Act. (c) At the beginning of each Congress the Secretary shall report to the Speaker of the House and the President of the Senate the grants of land made under this Act and an estimate of the time needed to complete the grants. The re- porting may be discontinued when the grants are sub- stantially completed. REPEAL SEC. 18. Section 3 of the Act of May 25, 1926 (44 Stat. (330; 48 U.S.C. 355c), is hereby repealed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PAGENO="0076" 72 U.S. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, DXL, Aprit 30, 1968. Hon. WAYNE N. ASPINALL, Chairman, Committee on Interior and Insular Affairs, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN : Since transmitting legislation to the Congress last June to settle the claims of Alaska Natives which was introduced as H.R. 11213, a new bill (H.R. 15049) prepared by the Governor of Alaska's Task Force on Native Land Claims was introduced. That bill, in our opinion, represents sig- nificant progress toward reaching agreement among the interested parties on the principles for an equitable settlement of this long-standing problem. The early resolution of this matter would be of inestimable significance not only to the Alaska Natives who make up about 25 percent of the State's civilian population, but also to all citizens of the State. We believe that this issue is one of the most important Indian matters before the 90th Congress. President Johnson in his message "The Forgotten American" urged "prompt action on legislation to: "Give the native people of Alaska title to the lands they occupy and need to sustain their villages. "Give them rights to use additional lands and water for hunting, trapping and fishing to maintain their traditional way of life, if they so choose. "Award them compensation commensurate with the value of any lands taken from them." Enclosed is a proposed bill which carries out the three principles outlined by the President. We urge its early enactment in lieu of H.R. 11213 or H.R. 15049. The Act of May 17, 1884 (23 Stat. 24) , providing a civil government for the Territory of Alaska, declared that the Natives "shall not be disturbed in the possession of any lands actually In their use and occupation or now claimed. by them, but the terms and conditions under which such persons may acquire title to such lands is reserved for future legislation by Congress." A similar provision is contained in the Act of June 6, 1900 (31 Stat. 321) , which provided a civil government for Alaska. In the absence of Congressional action, the Natives cannot be given full. title to the lands they have traditionally used and occupied. Moreover, since the Natives have a Federal guarantee that they shall not be disturbed in their use and occupation of lands, we do not feel that we van allow lands to be patented to the State under the land selection provisions of the Alaska Statehood Act, July 7, 1958 (72 Stat. 339), in the face of the Natives' claims that they have traditionally been using and occupying such lands. To allow these lands to pass into other ownership would pre-empt from Congress the power to exercise its right and obligation to decide this issue, and would deny the Alaska Natives an opportunity to acquire title to lands which in many instances, it is generally admitted, they have openly and continuously used and occupied from. a period that antedated the purchase of Alaska by the United States. When Congress recognizes an aboriginal title, as it did in the Act of June 19, 1935 (49 Stat. 388), with respect to the claims of the Tlingit and Haida Indians to compensation for the expropriation by the United States of lands in south- eastern Alaska, and for failure of the United States to protect their property rights from usurpation by non-Indians, the Natives acquire a compensable ownership interest in the land that is protected by the due-process clause of the Constitution. The extent to which aboriginal or Indian title is to be recognized is exclusively a policy matter for Congressional determination. In the past, Congress has repeatedly shown great respect for aboriginal title and has dealt most generously with the Indian people. Once the Congress recognizes the Government's obliga- tion to pay just compensation for Indian title, the courts have consistently held that the applicable standard of valuation, in the absence of a statutory provision to the contrary, is the same as if the Indians held the property in fee simple ownership. We have long grappled with the problem of providing a fair and equitable settlement to the Natives' land claims. We have come to realize, however, that there is no easy sólutión that is equitable to all. A number of proposals have I PAGENO="0077" 73 been made in the past. They `have, however, met considerable opposition from the various interested parties. While H.R. 11213 and H.R. 15049 generally adhere to the principles set out by the President, we believe that they have some basic shortcomings. Upon further consideration, we now believe that the proposal (ER. 11213) to grant jurisdiction to the United States Court of Claims to adjudicate a general claim on behalf of all Natives of Alaska and to render judgment based on the market value of the Natives' alToriginal title as of March 30, 1867, the date of purchase of Alaska by the United States, does not now `offer the best approach to the problem. Moreover, because of the length of time involved in judicial proceedings to determine the extent of Indian title and its value, and the difficulties at- tendant to obtaining the detailed factual information upon which to `base such a determination with respect to the vast area of the State of Alaska, we no longer recommend judicial deermination of Native claims. It is our position that after weighing the eiuities involved and the data available, the Congress can arrive at a just solution to this complex problem. H.R. 15049, on the other hand, while providing for a more generous settlement, is objectionable in three major aspects. First, in our opinion the grant of 40 million acres to the Native's is much greater than is required to give them title to the lands they need for village expansion. The purpose of a land settlement of this magnitude is clearly to allow the Natives to select land primarily for investment purposes,. While we recognize the need of the Natives for resources that will provide continuing income to facilitate their transition to a wage-oriented society, we believe this need can be met far more equitably by providing ready cash. Second, we believe that the land selection provisions of H.R. 15049 are far too cumbersome and complicated. The legislation should provide a workable, speedy, and simple mechanism for granting to each Native group a sufficient amount of land to meet its needs. H.R. 15049 would not be speedy. On the contrary, it would let the selection process drag on for 25 years. Also, we continue to advocate the basic land grant provisions contained in H.R. 11213. They would grant to the various groups the village sites they occupy, and additional lands within the environs of those sites that will contribute significantly to the livelihood of the Natives. The maximum acreage for any group would be 50,000 acres, which should be adequate to meet the Natives' t~eeds, both present and future. In addition, we do not believe that there is any need for an adjudication of Native claims by a Commission. While we support the need fo.r a Commission, its role should be directed to monitoring the use of the funds available to the villages and Native corporation. Native representation on such a Commission would clearly be desirable, but we do not believe that the legislation should provide for its control `by the Natives as in H.R. 15049. The President should be free to choose the best people available. Further, we are opposed to the provision in H.R. 15049 which would require a Federal agency to justify to the Commission that its lands are needed for public purposes, and to any provisions authorizing a grant of various `wildlife and recreational reservations. We also oppose the provision related to National for- ests. The needs of the Native groups bounded by National forest lands can be met from the 400,000 acres of such lands allowed the State under section 6 (a) of the Alaska Statehood Act. Third, we believe that an open-ended provision for utilizing Outer Continental Shelf revenues would not be in ` the best interest of the Natives or the Nation. If Alaskan OCS receipts do not live up to expectations, such a mechanism as outlined in H.R. 15049 might result in the Natives obtaining less than adequate compensation, leaving Congress with the possibility of facing the issue again in the future. On the other hand, if the Shelf proves to be a bountiful producer, the revenues to the Natives might far exceed any reasonable relatioi~iship to the Natives' claims. It is our opinion that a more definite and more equitable solution would be to grant the Natives a fixed cash settlement, based on the value of the lands' taken from them as recommended in the President's message on Indians. In the absence of lengthy and costly litigation it is impossible to determine the precise value of the Natives' claims. The economic needs of Alaska's Natives are unquestioned. Native housing is generally considered to be the most primitive and dilapidated of any occupied by native people in the United States. Income is lower and unemployment higher PAGENO="0078" 74 than among Indians anywhere. Increased acculturation, the absence of employ- mept opportunities, and the ever-decreasing availability of subsistence oppor- tunities have contributed to a growing dependence on welfare. Exposure to the white man's way of life has generated in the Native needs he had never known, without adequate means for their satisfaction. In the valuation process there are a number of variables: (1) The extent of the Natives' aboriginal title. (2) The date or dates as of which the valuation should be made. (3) The actual value of the lands on those dates. A rough approximation of value can be derived from the Tlingit and Haida award of the Court of Claims. The Court held that the Indians bad established aboriginal Indian title to virtually the entire Alaskan archipelago by their exclu- sive use and occupaney of that area from time immemoriaL Based on the stand- ards adopted by the Court of Claims, it is possible that the various Indian, Eskimo, and Aleut groups could establish aboriginal title to practically all of the remaining area of Alaska, roughly 350 million acres. This land would be worth over $150 million at the Tlingit and Haida valuation which averaged 43 cents an acre. We believe that in line with the principles outlined by the President that a settlement involving up to 50,000 acres per village that will total some 8 to 10 million acres, plus the payment of $3,000 per person of $180 million, whichever is the lesser, is an equitable and just settlement for these claims. In addition, we are aware that the State of Alaska has recently passed legislation providing for payment to the Natives annually of 5 percent of the revenues derived from lands selected by the State under the Alaska Statehood Act, up to a maximum of $50 million. While we are concerned that this action has been made contingent upon this Department's lifting the "freeze" on the patenfing of State selections that conflict with Native claims, we are very pleased that the State has evidenced a desire to join with the Federal Government in contributing to an equitable reso- lution of this problem. It is our hope that the State will see fit to amend its legislation to provide that a larger portion of its annual contributions be chan- neled to the Native Economic Improvement Corporation proposed in our bill in order that it may be used for projects that will provide continuing income to Alaska's Natives. Accordingly, the enclosed proposed bill, we believe, would adequately provide an equitable settlement to the Natives. Also, enclosed Is a brief explanation of its major provisions. The Bureau of the Budget has advised that this legislative proposal is in accord with the President's program. ~ Sincerely yours, ~ STEWS~.RT L. ~ Secretary of the Interior A BILL To prov~tdie for the settlement of certain larnI claims of Alaska Natives, and for other purposes Be it eaa,eted by the Benate and Houre of Representatives of the United States of America in Congress assembied, That this Act may be cited as the "Alaska Native Claims Settlement Act of 1968." DEFINITIONS Ssc. 2. For the purposes of this Act, the term- (a) "Secretary" means the Secretary of the Interior ; (b) "Native" means an Alaska Indian, Eskimo, or Aleut of at least one-fourth degree Alaska Indian, Eskimo, or Aleut blood, or a combination thereof ; and (c) "Native group" means any tribe, band, clan, village, community, or asso- ciation in Alaska composed of twenty-five or more eligible Natives and approved by the Secretary. ` ~ DEOLABATION OF POLICY Suc. 3. Congress finds and declares that there is an immediate need for a fair and just settlement of all claims by Natives of Alaska by providing (a) a grant to each Native group of title to their village sites that are now being used by said group and to additional lands In the vicinity of the villages that will be needed for reasonable~community expansion to fulfill future economic and social requirements, (b) a reasonable payment to Native groups for the purpose of PAGENO="0079" 75 enhancing the present and future welfare of the Natives in Alaska, and (c) provision for Native hunting, fishing, tapping, and berry picking, within Federal lands net granted to the Native groups ; and that it is the purpose of this Act to provide such a settiement. ~ ~ DECLARATION or S~TTLEME~T SEC. 4. The provis&ons of this Act shall be regarded as full and final settlement of any and all claims against the United States based upon aboriginal right, title, use, or occupancy of lands in Alaska by Natives or arising under the Act of May 17, 1884 (23 Stat. 24), or the Act of June 6, 1900 (31 Stat. 321), including claims pending before the Indian Claims Commission by previous authorization of Congress and not finalized by said Commission on the date of enactment of this Act. GRANT O~ LANDS SEC. 5. (a) Subject to the provisions of this Act, the Secretary, upon his own initiative and without application, is authorized to grant, in trust, to each Native group, subject to ~ralid existing rights and if not withdrawn for pur- poses unrelated to Native use or the administration of Native affairs, (1) title to the village site or sites now occupied by such group, and (2) tItle to zilch additional lands in the vicinity of such site or sites which, in his judgment, would contribute significantly to the reasonable community expansion to fulfill future economic and social requirements, taking into account such factors as population, economic resources * of said group, traditional way of life of said group, and the nature and value of the land proposed to be granted : Provided, That, at any time during the term of the trust, the Secretary, upon application of the Native group and upon the approval by him of a land use plan submItted by said group, shall terminate the trust for all or any part of the lands granted under this subsection to said group. Such grant may include a grant of title to noncontiguous lands being used and occupied by such Natives for burial grounds, airfields, water supply, hunting and fishing camps, and dock or boat- launching sites that are not withdrawn for other purposes. In the case of Native villages in locations where there are not sufficient additional lands in Federal ownership to permit the Secretary to make the grant of additional lands con- templated by this subsection, the Secretary may convey other lands in lieu thereof but subject to the same conditions and limitations that apply to con- veyanees of land within the vicinity of a village. (b) In no case may the grant of land to a Native group under this section ex- ceed fifty thousand acres. (c) The provisions of this section shall not apply to Native groups who are beneficaries of the judgment recovered by the Tlingit and Haida Indians in Court of Claims Docket No. 47,900. RESERVATIONS AND RESERVES SEC. 6. (a) The areas of lands and waters heretofore reservei and set aside by Executive or Secretarial order for the use of the Native groups of Akutan, Diomede, Karluk, Unalakleet, Venetie, and Wales shall be granted in trust to said groups. Tt the extent such areas are smaller than the areas of land that could be granted to each group under the terms of section 5 of this Act, add!- tional lands may be granted to the group, in trust, by the Secretary : Provided, That the total grant shall not exceed fifty thousand acres. (b) The various reserves set aside by Executive or Secretarial Order ~ for Native use or. for administration of Native affairs, including those created un- der authority of the &ct of May31, 1938 (52 Stat. 593), shall be revoked, sub- ject to any valid existing rights of any non-Natives, by the grant of title In trust by the Secretary of up to fifty thousand acres of land now covered by such order to the Native group using or occupying said lands on the date of enactment of this Act. (c) At any time during the term of the trust covering lands granted under this section, the Secretary, upon application of a Native group and upon the approval by him of a land use plan submitted:by said group, shall terminate the trust for all or any part of the lands granted to said groups. (d) The grant of lands under this section now covered by an Executive or Secretarial order shall include the underlying mineral deposits. PAGENO="0080" 76 INTERIM ADMINISTRATION UNDER PUBLIC LAND LAWS SEC. 7. (a) As soon as possible after the effective date of this Act, the Secre- tary shall, subject to valid existing rights, withdraw from all forms of appro- priation under any of the public land laws, including without limitation selec- tion by the State of Alaska under the Statehood Act of July 7, 1958 (72 Stat. 339), any lands which he believes may be subject to a grant to a Native group pursuant to this Act, but net to exceed a total of 20 million acres. Such with- drawals shall be revoked as rapidly as grants to Native groups permit. A State selection of lands that are withdrawn shall not be approved, regardless of whether the selection was initiated before or after the withdrawal, until the witadrawal is revoked. (b) A Native claim based on use and occupancy of unwithdrawn laud shall not be the basis for the rejection of State selections or other applications or claims under the public land laws. (c) Either before withdrawing lands under this section or before granting a patent pursuant to this Act, the Secretary shall consult with the Secretary of Defense with respect to the effect of the withdrawal or grant on the security of the United States. (d) Nothing in this Act shall affect the rights of Natives as citizen's to acquire public `ands of the United States under the Native Allotment Act of May 17, 1906 (34 Stat. 197), as amended (48 U.S.Ü 357), or the provisions of other applicable statutes. (e) Lands granted pursuant to this Act shall, so long as they remain not subject to State or local taxes on real estate, continue to be regarded as public lands for the purpose of computing the Federal share of any highway project pursuant to title 23 of the United States Oode, as amended and supplemented. (f) A~ny lands granted in fee or in trust under this Act `shall be subject to the right of the Secretary to issue and enforce for the protection of `migratory birds regulations in accordance with the provisions of the Migratory Bird Treaty Act, as amended. (g) The Secretary is authorized to make `any grant of land under this Act subject to easements for any public use, benefit, or purpose, including easements for the administration and utilization of any Federal lands. (h) Prior to conveyance of land under this Act, the Secretary shall have its exterior boundaries ~ surveyed. This requirement for survey shall be `satisfied without continuous marking of the line, but by establishment of monuments along all the boundaries, except meander courses, by eleètronic measurement or other means, at intervals of not more than six thousand feet, or by extension of the rectangular system of surveys over the areas conveyed. Conveyances of surveyed lands shall be in accordance with the piats of survey, and those for unsurveyed lands shall, following survey, be so conformed. ` , ` Sac. 8. (a) Title to land granted under this Act to a Native group in trust shall be held by the United States in trust, acting through the Secretary as trustee. The term of a trust established by, or pursuant to, this section shall not exceed twenty-five years from the date of any grant made under `this Act, and when the trust terminates it shall be liquidated in accordance with the term.s of the trust instrument or as prescribed by the Secretary, if there is no trust instrument, or as prescribed in sections 5 and 6 of this Act. Whenever a distribu- tion of capital or income of the trust Is made to the Native group, the finding of the Secretary as to the qualified recipients shall be final and conclusive. (b ) The `Secretary, as trustee, under this Act shall have `the powers and duties set forth in the deed of trust, including without limitation, subdivision, manage- mont, and disposal by sale, lease, or other method, of the lands or interests therein, except the mineral interests in lands granted under section 5 of this Act, investment and reinvestment of the proceeds, and distribution of income or capital of the trust to the Native group and he shall not be subject to the laws of Alaska governing the execution of trusts. In the disposal of any tract of land under the trust, the trustee shall give a right of first refusal to the occupant thereof. The title to land conveyed by the trustee to a Native shall be subject to the provisions of section 1 of the Act of May 25, 1926 (44 Stat. 692; 48 U.S.C. 355a), with respect `to lands conveyed to Natives in townsites established under section 11 of `the Act of March 3, 1891 (26 Stat. 1090; 48 U.S.C. 355), as supplemented by the Act of February 26, 1948 (62 Stat. 35; 48 U.S.C~ 355e). The trustee may PAGENO="0081" convey without ~com.pensation to private religious, charitable, or educational institutions or organizations the land occupied by buildings or facilities owned by them on the date the trust is established, where such buildings or facilities are situated within the boundaries of the land to be granted pursuant to this Act. MIN~EALS SEe. 9. `Subject `to valid existing rights of any non-Native, the Secretary upon granting in trust or in fee any lands under section 5 of this Act to a Native group shall grant to the Oorporation established by section 10 of this Act title to all mineral deposits in said land's together with the right to mine and remove the same under leases issued by said Corporation. Said Corporation shall hold such minerals In trust for the `benefit of each Native group having the surface lands and shall administer the trust in accordance with the applicable provisions of this Act and the laws of Alaska governing the execution of trust. All revenues received by the Oorporation in the administration of such trust shall be shared equally each year with the Native group that has title to the lands from which such receipts were derived. Whenever the trust terniinates by reason of the dissolution of said Corporation or by subsequent Act of Congress, the Secretary shall conveçy title to such mineral deposits, subject to valid existing rights, to th'~ Native group having title to the surface lands. NATIVIS ECONOMIC IMPROVEMENT CORPORATION Suo. 10. . (a) There shall be established a single nonprofit statewide Native Economic Improvement Corporation, hereinafter referred to as the "Corporation," for the purpose of promoting economic opportunity for the benefit of the Natives and their descendants in Alaska. The Corporation shall be organized as approved by the Secretary under the laws of the State of Alaska. The Board of Directors of the Corporation shall be elected by the Natives in Alaska on a basis, deter- mined by the . Secretary, which will assure adequate representation of all such Natives and their descendants. The Board shall appoint a manager of the Corporation and such other officers a's the Board deems desirable to serve at the Board's pleasure, and shall fix their compensation. It shall be the responsibility of the manager to carry out the Corporation's functions in a business-like manner consistent with the provisions of this Act and the policies and directives of the Board. The manager shall select the Corporation's agents and employees, define their duties, `and fix their compensation. (b) The Corporation, in accordance with such standards as the Commission established by this Act may `from time to time prescribe, may, aniong other things: (1) initiate and coordinate the preparation of long-range overall economic development programs for the Natives and their descendants; (2) Foster surveys and studies to provide data required for the preparation of `spocific plans and programs `of development; (3) Promote private investment in enterprises or activities which will improve the economic status of Natives and their descendants; (4) Develop, establish, operate, and maintain various business enterprises or invest in `such enterprises to develop, improve, and utilize skills and capabili- ties of the Natives and their `descendants ( 5) Make loan's to Natives and their descendants in Alaska on reasonable terms and conditions to fin:ance plant construction, reconstruction, conversion, or expan- si'on, the acquisition of equipment, facilities, machinery, supplies, or materials, and for any other purpose that will promote effectively economic development for the Natives and their descendants in Alaska, where financial assistance applied for is not otherwise available on reasonable terms; (6) Make grants to one or more Native groups for the development and opera- tion and maintenance of projects which will promote the welfare of the Natives and their `descendants ; and (7) Lease competitively, in accordance with sound conservation principles and practices, the minerals held in trust by the Corporation. (c) The Corporation shall not be regarded as an instrumentality of the United States for any purpose and the United States shall not be responsible for the Corporation's actions or debts. The members of the Board, the manager, and the other officers, agents, and employees of the Corporation shall not be regarded as Federal employees for `any purpose. 177 I I 98-181 O-68-----6 PAGENO="0082" 78 TAXATION SEO. 11. So long as the lands granted to a Native group by this Act and the minerals granted to the Corporation are held by such group or by a Native or his descendants or by the Corporation in fee or in trust, such land and minerals shall not be subject to State or local takes. upon real estate. Rents, issues, profits, royalties, and other revenues or proceeds derived from such lands by a Native or his descendant or a non-Native shall be subject to Federal. and State or local tax laws. Payments made under this Act or under any State statute to the Corporation shall not be taxed to the Corporation. Leasehold or other interests in such lands held by non-Natives may be taxed as provided by State law. No part of any per capita distribution made by a Native group of any or all of the funds granted to saidgroup under section 14 of this Act or of any or all of the mineral revenues paid to said group by the Corporation under section 9 of this Act shall be subject to Federal or State income tax. The Corporation shall be organized and operated In a manner which will enable such Corporation to qualify for tax exemption under section 501 of the Internal Revenue Code of 1954. ENROLLMENT / (d) The Corporation shall at all times maintain complete and accurate books of account and records which shall be reviewed by said Commission periodically. The Comimission shall periodically report to the Congress, through the Secretary and the President, but at not less than three-year intervals on the activities and fin~tncia1 condition of the Corporation. / SEC. 12. The Secretary shall prepare a roll of Natives, and he shall prepare a roster of Native groups eligible to receive any grant under this Act. Such roll and roster shall be determined as of the date of this Act. Rolls of Natives and descendants eligible to vote in any election held pursuant to this Act may be prepared by the Secretary from time to time. Before any such roster or roll is finally approved by the Secretary, it shall `be published In such manner as he shall find to be practicable and effective, and an opportunity shall be given to lodge protests thereto. The Secretary's findings shall be conclusive. Each Native shall be afforded an opportunity `to be enrolled in the city, town, or village in which or nearest which re resides or in the city, town, or village from which an ancestor came, under regulations issued by the Secretary. ABORIGINAL USE SEC. 13. The Secretary may permit the Natives of Alaska to use for fifty years or less from the date of this Act exclusively for hunting, fishing, trapping, and berry picking purposes any land in Alaska that' is owned by the United States, in accordance with applicable State and Federal laws and regulations and with the concurrence of the head of any agency administering such land. Any patents or leases hereafter issued for such lands pursuant to the Alaska Statehood Act, or the public land, mining, or mineral leasing laws, shall contain a reservation to `the United States of the right to issue for non-exclusive hunting, fishing, trap- ping, and berry picking purposes, permits for up to fifty years from the date of this Act. GRANT Szc. 14. (a) In lieu of `according the Natives any right to recover compensation for the extinguishment of aboriginal title, there is authorized to be appropriated and deposited' i~n a special account in the United States Treasury to the credit of the Natives such sums as may be necessary to make a grant to each Native group (1) `in an amount computed on the basis of $3,000 for each Native in said group, except that, in the case of any Tllngit and Haida Natives in said group, there shall be deducted their pro rata share, after attorneys' fees and litigation expenses, of the money judgment awarded ~to them in Court of Claims docket numbered 47,900, or (2) in the amount of $180 million, whichever is the lesser sum. One-third of the grant shall be deposited into the special account during fiscal year 1971 and the remainder deposited into the account in equal amounts in each of the succeeding four fiscal years and shall carp interest in the amount of4'percent per annum. (b) 1~ach year the. Secretary shall apportion 90 percent of the funds then in the special account .among the Native groups in Alaska. The apportionment shall be iü th~ ratio that the number of Natives in each Native group bears to all of the PAGENO="0083" Natives. The funds apportioned among each Native group may be advanced, expended, invested~ or reinvested for any purpose that is authorized by the governing organization of the Native group and that is approved by the Corn- mission established by this Act. Each year the remaining funds then in the special account shall be credited to the Corporation and such funds, . together with all other revenues available to the Corporation, may be expended by the Corporation, in accordance with an annual budget prepared by the Corporation and approved by said Commission. (e) Before apportioning any money under the provisions of subsection (b) of this section to the Native groups composed of Tlinglt and Ilaida Natives, who participated in or received benefits from, the judgment awarded to the Tlingit and Haida Natives in Court of Claims docket numbered 47,900, the Secretary shall deduct the pro rata share, after the deduction of attorneys' fees and liti- gation expenses, of said money judgment. METLAKAHTLA INDIANS Suc. 15. The provisions of this Act shall .not apply to the Nathre groups of Metlakahtla Indians in the Annette Island Reservation but such groups shall be eligible to receive any benefits the Corporation may provide. ALASKA NATIVE OOMMISSION SEC. 16. In order to assist the Secretary in the administration of this Act, the President may appoint an Alaska Native Commission of not to exceed three members who shall serve at the pleasure of the President. A majority of the members shall have been residents of Alaska for one or more years preceding appointment. The Commission shall be located within the Department of the Interior and shall have the duties and powers prescribed in this Act and such other duties and powers as the Secretary may fro.m time to time delegate. The Secretary shall also prescribe the compensation to be paid to. the members and provide for payment of Commission expenses, including employment of necessary personnel. rphe Secretary may utilize, with or without reimbursement, personnel and facilities of the Department of the Interior to assist the ~JOmmission in carrying out its functions. NATIONAL FOREST LANDS SEC~ 17. The Native groups shall qualify as communities within the meaning of section 6(a) of the Alaska Statehood Act. APPROPRIATIONS SEC. 18. ( a ) There are authorized to be appropriated to the Secretary such sums as may be necessary to defray the costs of the planning, subdivision, survey, management, and disposal of lands under this Act, either directly by the Secretary or by contract, and to pay the expenses of the Commission established by this Act, and to carry out other functions authorized by this Act. Such sums shall be available until expended. (b) There is authorized to be approprIated to the Secretary such sums as may be necessary to pay all reasonable attorneys' fees and expenses actually incurred by any Native or Native group, as determined by the Secretary, `in connection with any claims pending at the date of enactment of this Act before the Indian Claims Commission, which have been terminated by reason of section 4 of this act. (c) At the beginning of each Congress the Secretary shall report to the Speaker of the House and the President of the Senate the grants.. made under this. Act and an, estimate of the time needed to complete the grants. The reporting may be discontinued when the grants are substantially completed. REPEAL Snc. 19. Section 3 of the Act of May 25, 1926 (44 Stat. 63Q; 48 U.S.C. 355c) is hereby repealed. BRIar EXPLANATION OF MAJOR PRovIsIoNs OF PROPOSED "ALASKA NATIVE CLAIMS SETTLEMENT ACT OF 1968" L The proposal would provide that the benefits accruing under the legislation to the Native groups shall be in full and final settlement of atiy and all claims 79 PAGENO="0084" based on aboriginal use, etc., or arising under an 1884 and 1900 statute. This settlement would include claims now pending before the Indian Claims Oommis- sion under other Acts of Congress but not finalized by the Commission on the date of enactment. The proposal authorizes appropriations to pay reasonable attorney fees and expenses in connection with these claims. ~ 2. The proposal would define Native groups to mean tribes, bands, clans, vii- lages, communities, or associations in Alaska composed of 25 or more Natives and approved by the Secretary. 3. The proposal would authorize the making of a grant in trust to each Native group of unwithdrawn land or village sites and additional lands for future economic and social well-being. The maximum grant to any Native group would be 50,000 acres. At any time during the term of the trust the. Secretary upon application of the group and approval by him of a land use plan shall terminate the trust for all or part of the lands granted for the benefit of the said group. The land grant may include title and trust to noncontiguous lands being used and occupied by the Natives for various purposes such as burial grounds, air fields, water supply, and hunting and fishing camps. In any case where the Native villages are located in an area where there are not sufficient additional Federal lands to permit the contemplated grant, the Secretary may convey other lands which would be subject to the same conditions. 4. The land grant proposal would not apply to Native groups who are bene- ficiaries of the Tlingit and Haida award in the Court of Claims. 5. Lands and waters previously reserved for the use of six named Native groups shall be held in trust by the United States for their benefit for a 25-year period at the end of which time the trust may be liquidated. In addition, at any time during the term of that trust, such groups may apply for the termination of the trust upon approval by the Secretary of a land use plan submitted by them. The 50,000-acre limitation does not apply to these six groups, except, to the extent that such areas are smaller than areas that could be conveyed gener- ally by grant and lands in the immediate vicinity of these areas are available, additional lands may be granted up to the 50,000-acre limitation. 6. The various reservations set aside by Executive order or Secretarial order for Native use shall be revoked by the grant of title under section 6 of this proposal. 7. The proposal provides for withdrawal by the Secretary from all forms of authorization under public land laws any lands which he believes may be subject to a grant to a Native group under this proposal, but the total withdrawal shall not exceed 20 million acres. The withdrawal must be revoked as quickly as possible if the grants are made and the State selection of lands withdrawn shall not be approved until the withdrawal is finally revoked. 8. Lands granted under this proposal that continue to remain not subject to State or local taxes on real estate shall be regarded as public lands for the pur- poses of the Federal Aid Highway Act. 9. Land granted in trust, except the underlying minerals, to a Native group shall be held by the Secretary of the Interior as trustee. The maximum term of the trust shall be 25 years and when the trust terminates it shall be liquidated in accordance with a trust instrument or if there is not any, as prescribed by the Secretary or as prescribed in sections 5 and 6 of the proposal. The Secretary act- ing as trustee would have all the powers set forth in the deed of trust, including the right of disposal of the land except the mineral interest. 10. The proposal would grant the underlying mineral interest in lands granted under this legislation in trust or in fee to a Native group to the Native Economic Improvement Corporation established by this proposal, together with the right to mine and remove such minerals under lease. The Corporation would hold the minerals in trust for the benefitof each group and would administer and manage the trust In accordance with the applicable provisions of the proposal. If the trust is terminated by reason of dissolution of the Corporation or by subsequent Act of Congress, the Secretary shall convey the minerals in fee to the appropriate Na- tive group. 11. The proposal would establish a single nonprofit statewide Native Economic Improvement Corporation designed to promote the economic opportunities of the Natives and their descendants in Alaska. The Corporation would be organized under the laws of Alaska and shall be composed of directors elected by the Na- tiyes in Alaska in a manner that would assure adequate representation of all of the Natives and their descendants. The directors would appoint a manager of the Corporation and he would be responsible to carry ~ijl the Corporation's functions in a business-like manner. The Corporation would, among other things, prQP~ote / 80 PAGENO="0085" private investment, foster surveys and studies for programs of improvement and development, develop, establish, and operate various business enterprises, invest in business enterprises, make long-term, low4nterest loans to Natives in Alaska or Native groups, make grants to the Native groups for publicly sponsored proj- ects which would benefit the entire group and lease on a compentitive basis the minerals held in trust by the Corporation. In the case of mineral receipts, the Ckr- poration would have available to it one-half of the total receipts and would dis- tribute the other half to the Native groups having title to the surface lands in which the minerals were developed. Phe Oorporation would not be a Federal in- strumentality for any purpose. The Corporation must maintain complete and ac- curate books and records and would be generally supervised by the Alaska Native Oommission established by this proposal. 12. The proposal provides for the establishment by the Secretary of a roster of Native groups and a roll of Natives and their descendants eligible to vote in any election held pursuant to this proposal. 13. The proposal would authorize the Secretary to permit, in accordance with applicable Federal and State laws and with the consent of the administering agency, Natives of Alaska to use public- lands in Alaska for 50 years or less ex- clusively for hunting, fishing, trapping, and berrypicking. In the case of any lands that are patented or leased pursuant to the A1a~ka Statehood Act or any other public land laws such lands shall contain a reservation `to the United State's of the right to issue such permit for nonexciusive hunting, fishing, trap- ping, and berrypicking purposes for up to 50 years from the date of enactment of this proposal. 14. The proposal would grant `to the Natives a sum of money which would be established in one of two ways : (1) it could be computed on the basis of $3,000 for each native in a Native group, except that, in the case of any Tlingit ~nd Haida Natives in the group, their share of `the money judgment wonlct be do- ducted, or (2) the payment would be a lump sum ` not to exceed $180 million, whichever is the lesser. The payments would be made into a special account in the Treasury for the benefit of the Native groups and the $180 million is the maxi- mum amount of the payment. Each year the Secretary would apportion 90 per- cent of the payment in the account to the Native groups to be used by them in any manner that is authorized by their governing body and is appro~ed by the Alaska Native Commission. The remaining sum in the account would be die- tributed to the Corporation. These payments would be made over a 5-year period beginning in fiscal year 1971. 15. The proposal would authorize the establishment of an Alaska Native Corn- mission composed of 3 members appointed by the President and the majority of whom shall be residents of Alaska for one year or more preceding appointment. The Commission shall be located within the Department of the Interior and shall have duties as established by this proposal and other duties the Secretary may delegate. 10. The proposal provides for appropriations to carry out the provisions of this legislation. U.S.' DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., June 15, 1967. Hon. JOHN W. MCQRMACK, ~9peaker of the House of Representatives, Washington, D.C. DJtAR MR. SPEAKER : Enclosed herewith is a draft of a proposed bill "To settle the land claims of Alaska Natives, and for other purposes." We recommend that the proposed bill be referred to `the appropriate committee for consideration, and we recommend that it be enacted. The problem of Native land claims in Alaska has been a troublesome one for many decades. (1) The Act of May 17, 1884 (23 Stat. 24) , providing a civil government for the Territory of Alaska, declared that the Natives "shall not be disturbed in the possession of any lands actually in their use and occupation or now claimed by them, but the terms and conditions under which such persons may acquire title to such lands is reserved for future legislation by Congress." A similar provision is contained in the Act of June 6, 1900 (31 Stat. 321), which provided a civil government for Alaska. 81 PAGENO="0086" 82 (2) In the absence ef congressional recognition of aboriginal Native title to particnlar land in Alaska, the Natives have no ownership interest in the land. They have a right of occupation and use which the United States will protect against intrusion by third parties, but the right of occupation may be terminated by the United States at any time without compensation. This is the same rule of law that has been applied consistently with respect to aboriginal Indian titles in the other States. (3) When Congrms recognizes an aborfginal title, the Natives acquire a coin- pen:sable ownership interest in the land that is protected by the due-process clause of the Constitution. (4) The extent to which aboriginal titles in Alaska should be recognized or extinguished is exclusively a policy matter for congressional determination. Oongress may convert the aboriginal titles into full ownership, or it may ox- tinguish the title completely, or it may recognize the title to a limited extent. In the other States, Oongress followed. the practice of confirming some ab- original .Ji~jjan titles an~l of extinguishing others by treaty or agreement. Then by the Indian Olainis Commission Act Congress authorized any Indian tribe to sue the United States for the value of any aboriginal Indian title that was taken before AUgUSt 13, 1946, without fair compensatiofn~ In Alaska, however, Congress has reserved for future legislation the recognition of, or compensation for the taking of, Nativo titlea The enactment of this bili would be such legislation. The bill authorizes the Secretary of the Interior to grant to the various groups of Alaska Natives title to the village sites they occupy, and additional lands within the environs of those sites that will contribute significantly to the liveli- hood of `the Natives, but no group may receive more `than 50,000 acres. In addi- tion, Natives may be given 25-year exclusive or nonexclusive hunting, fishing, and trapping permits on any Federal lahds, subject to State game and fish laws. Title to the lands granted to a group of Natives may be held in trust for 25 years either by the Secretary, by a trustee selected by the Native group, with the approval of the Secretary, or by the State of Alaska or other trustee selected by the Secretary. The trustee may manage, subdivide, and dispose of the lands. In the disposal of lands, the right of first refusal must be given to the occupant. Title to a tract that is conveyed to a Native will be held in trust, not subject to taxation, in accordance with the laws that presently apply `to Native towneites. At the end of 25 years, the trust must be liquidated in accordance with the terms of the trust instrument. A commission is to be appointed by the Secretary to assist the Secretary in carrying out his functions. Both the State and `the Natives will be represented. The c~mmission will be responsible for identifying `the Native groups, preparing membership rolls, preparing voting rolls, and performing any other functions assigned. Pending completion of the foregoing procedure, the Secretary may withdraw lands that are subject to grant to the Natives. The lands so withdrawn will not be subject to State selection. The lands not withdrawn will be subject to State selection regardless of Native use and occupancy claims. This procedure should substantially speed up the State selection process. In recognition of the fact that the Natives claim use and occupancy of areas that are much larger than the areas that may be graiited to them, the bill permits the State to initiate an action in the Court of Claims on behalf of all Natives, as a single group, to recover from the United States the value of the additional lands to which the Natives have a valid use and occupancy claim. The value of the lands will be determined as of March 30, 1867, which is the date Alaska was acquired by the United States. Such acquisition would be regarded as an extinguishment of all aboriginal titles. The Tlingit and Haida Indians who have already recovered a judgment against the United States based on use and occupancy will not be allowed to participate in this litiga- tion, and Natives who have claims pending before the Indian Claims Commis- sion will be required to elect between proceeding with their separate claims or dismissing them and joining in the State prosecuted action. The bill authorizes the appropriation of not to exceed $12 million to pay the costs involved in making the land conveyances to the Native groups. We are not able to estimate the amount of any judgment that may be recovered in the Court of Claims. The enactment of legislation to settle the Alaska Native land claims is long overdue, and we urge prompt consideration of the enclosed bill. / PAGENO="0087" I 83 The Bureau of the Budget has advised that there is no o~4ection to the presen- tation of. this draft bill from the standpoint of the Administration's program. Sincerely yours, STEWART L. UDALL, Secretary of the Interior. 4~ BILL To settle the land claims of Alaska Natives, and for other purposes Be it enacted by the ~S~enate and House of Ii~epresentcstives of the United States of America in Congress assembled, That section 3 of the Act of May 25, 1926 (44 Stat. 629 ; 48 U.S.C. 355(c) ), is amended to read as follows: "Snc. 3 (a) The Secretary of the Interior is authorized to grant in trust, subject to valid existing rights, to each tribe, band, elan, village, community, or group of Natives in Alaska, hereinafter referred to as a group of Natives, upon his own initiative and without application, title to the village site or sItes now occupied. by such group of Natives if not otherwise patented and if not withdrawn for purposes unrelated to Native use or the administration of Native affairs. The Secretary is further authorized, subject to valid existing rights, to grant title to such additional lands within the environs of such site or sites as would contribute significantly, in the judgment of the Secretary, to the liveli- - hood of the community, taking into account such factors as population, eco- nomic resources of the group, traditional way of life, and the nature and value of the land proposed to be granted. Such grant may include a grant of title, subject to valid existing rights, to noncontiguous lands being used and occupied by such Natives for burial grounds, airfields, water supply, hunting and fishing camps, and dock or boat-launching sites that are not withdrawn for other pur- poses : Provided, That the provisions of this sentence and the provisions of sub~ section (b) of this seCtion shall not apply to groups of Natives who are bene- ficiaries of the judgment recovered by the Tlingit and Flaida Indians in Court of Claims Docket No. 47,900. The Secretary is authorized to make any grant subject to easements for public use or benefit. In no case may the grants of land to a single grantee under this section exceed fifty thousand acres. " ( b ) In the case of Native villages within whose environs there are not suf- ficient additional lands in Federal ownership to permit the Secretary te make the grant of additional lands contemplated by subsection (a) , the Secretary may convey other lands in lieu ~thereef but subject to the same conditions and limitations that apply to conveyances of land within the environs of a village. " (c) For the purposes of this Act the term `Native' means an Alaskan in- dian, Eskimo, or Aieut of at least one-fourth degree Indian, E~kimo, or Aleut blood. " (d) Beneficiaries of the grants made pursuant to subsection (a) shall be the Natives who comprised the members Of the grantee upon the date of the grant, as determined by the Secretary of the Interior, together with any de- scendants of such members of one-fourth degree of Native blood. The interest of a beneficiary shall not be transferable in any manner, either during his lifetime or upon his death. Whenever a distribution of capital or income of the trust is made to the beneficiarIes, the finding oct the Secretary as to the qualified recipients shall be final and conclusive. " (e) Title to land granted pursuant to subsection (a) may be held by the United States in trust, acting through the Secretary of the Interior as trustee, or it may be conveyed by the Secretary of the Interior to a trustee selected by a group of Natives by a majority vote of the members nineteen years of age and older who reside in or near the village. Any trustee selected by the Natives shall be subject to ~approval by the Secretary. In the event a group of Natives does not select a trustee approved by the Secretary within one year from the date the Secretary notifies said group of his readines s to convey title, the Secretary may convey title to the State of Alaska, with its consent, as trustee, or to any other trustee selected by the Secretary. The term of a trust established pursuant to this section shall not exceed twenty-five years, and when the trust expires it shall be liquidated in accordance with the terms of the trust instru- ment, or as prescribed by the Secretary of the Interior if there is no trust instrument. Prior to conveyance of a site to a trustee the Secretary shall have its exterior boundaries surveyed. This requirement for survey shall be satisfied without continuous marking of the line, but by establishment of monumepts along~ all the boundaries, except meander courses, by ~ electronic measurement or other* means, at intervals of not more than six thousand feet, or by extension of the rectangular system of surveys over the areas claimed. Claims or selections of PAGENO="0088" 84 surveyed lands shall be in acco~rdamce wkh the plats of survey and these for uusurveyed lands shall, following survey, be so conformed. Land graflted p~ar- suant to subsection (a) shall be subject to the applicable laws of the State of Alaska, except that during the period of the trusteeship such land shall not be subject to State or local taxes upon real estate. " (1) A trustee who receives a conveyance under this section shall be subject to the laws of the State of Alaska governing the execution of trusts, and shall have the powers and duties set forth in the deed of trust, including without Urn- itatien subdivision, management, aud disposal oct' the lands, investment anid re- investment of the proceeds, and thstribatien of incomie or capital of the trust to the members of the beneficiary. In the disposal of any tract ~f land the trustee shall give a right of first refusal to the occupant thereof. The title to land con- veyed by a trustee to a Na:tive shall be subject to the provisions of section 1 of this Act with respect to lands conveyed to Indians or Eskirnos in townsitos estab- lished under section 11 of the Act of March 3, 1891 (26 Stat. 1090 ; 48 U.S.O. 355), as supplemented by the Act of February 2~, 1948 (62 Stat. 35 ; 48 U.S.O. 355(e)). " (g) So long as the lands are held by the United States in trust, the Secretary of the Interior shall have all the powers to administer the trust which he could confer upon another trustee, but he shall not be subject to the laws of Alaska governing the execution of trusts. " (h) The Secretary of the Interior or a trustee who receives a conveyance under this section may convey without compensation to private religious, chant- able or educational institutions or organizations the land occupied by buildings or facilities owned by them on the date the trust is established, where such build- tags or facilities are situated within the boundaries of the land to be granted pursuant to subsection (a). " (i) In order to assist him in the administration of this section, the Secretary of the Interior may appoint a commission of not to exceed five members, one of whom shall be appointed from nominations submitted by the Governor of Alaska, and one of whom shall be appointed from nominations submitted by Alaska Na- tives in accordance with procedures prescribed by the Secretary. The Secre- tary shall prescribe the duties and powers of the commission, the compensation to be paid to its members, provide for payment of commission expenses, includ- ing employment of necessary pecsonnel, and provide such other assistance, within existing authorizations, as he deems desirable. The commission's duties may in- dude the preparation of a roster of groups of Natives eligible to receive grants under section 1(a) hereof, rolls of Natives eligible to receive distributions of trust property under section 1(d) hereof, rolls of Natives eligible to be granted a towusite lot under section 1(f) hereof, and rolls of Natives eligible to vote in any election held pursuant to this Act. Before any such roster or roll is finally approved by the Secretary, it shall be published In such manner as he shall find to be practicable and effective, and opportunity shall be given to lodge protests thereto. " (j) There are authorized to be appropriated not more than $12 million, to be available until expended, to defray costs of the planning, subdivision, survey, management, and disposal of lands under the provisions of this section, either directly by the Secretary of the Intei4or or through contract with the appro- priate truatee, and tb pay the expenses of the commission established under subsection (i). " (k) At the beginning of each session of Congress the Secretary of the Interior shall report to the chairmen of the House and Senate Committees on Interior and Insular Affairs the grants made under this section and an estimate of the time needed to complete the grants. The reports may be discontinued when the grants are substantially completed." INTERIM ADMINISTRATION UNDER PUBLIC LAND LAWS Sac. 2. (a) The Secretary of the Interior may, subject to valid existing rights, withdraw from all forms of appropriation under any of the public land laws, including without limitation selection by the State of Alaska under the State- hood Act of July 1, 1958 (72 Stat 339) , any lands that are subject to conveyance to a group of Natives pursuant to section 3 of the Act of May 25, 1926 (44 Stat. 629 ; 48 U.S.O. 355(c) ), as amended by section 1 of this Act. A State selection of lands that are withdrawn shall not be approved, regardless of whether the selection was initiated before or after the withdrawal. (b) A Native claim based on use and occupancy of unwithdrawn land shall not be the basis for the rejection of State selections or other applications or claims under the public land laws. PAGENO="0089" I 85 (c) I~ither before withdrawing lands wider this section or before granting a patent pursuant to section 3 of the Act of May 25, 1926 (44 Stat. 629 . 48 U.S.C.. 355(c) ), as amended by section 1 of this Act, the Sè~retary of the Interior shall consult the Secretary of Defense with respect to the effect of the withdrawal or grant on the security of the United States. RES~VATIONS AND RESERVES SEC. 3. (a) The areas of lands and waters heretofore reserved and set aside for the use of the Native inhabitants of Akutan, Diom.ede, Karluk, Unalakleet Venetie, and Wales shall be held in trust by the United States for the benefit of the Native inhabitants thereof for twenty-five years after the date of this Act, at which time the trust shall be liquidated in the manner proVided for the liquidation of trusts under section 3 of the Act of May 25, 1926 (44 Stat. 629; 48 U.S.O. 355(c) ), as amended by section 1 of this Act. During the term of the trust the Secretary of the Interior shall have all of the powers granted to a trustee under section 3 of said 1926 Act, as amended. To the extent such areas are smaller than the areas that could be conveyed to them under the terms of section 3 of said 1926 Act, as amended, and lands in that immediate vicinity are available for grants under such Act, additional lands may be granted by the Secretary of the Interior under that section, but only if warranted by the economic needs of the Native inhabitants. Criteria applicable to these situations shall be developed by the commission authorized by section 3(i) of said 1926 Act, as amended, and shall be made available to the Secretary as advisory recommendations. (b) Lands held in trust pursuant to this section shall be subject to the applicable laws of the State of Alaska, except that during the period of trustee- ship such land shall not be subject to State or local taxes on real estate. (c) The various reserves set aside by Executive order or Secretarial order for Native use or for administration of Native affairs, including those created under authority of the Act of May 31, 1938 (52 Stat. 593) , shall be revoked pro tanto by the grant of title pursuant to section 3 of the Act of May 25, 1926 (44 Stat. 629 ; 48 U.S.C. 355(c) ) , as amended by section 1 of this Act. (d) The trusts created by this. section shall be subject to the right of the Secretary of the Interior to issue and enforce such regulations as be deems desirable for the protection of migratory birds that are protected by treaty to which the United States is a party. (e) The Secretary of the Interior may, with the concurrence of the agency administering the land, issue to Natives exclusive or nonexclusive permits, for twenty-five years or less, to use for hunting, fishing, and trapping purposes any lands in Alaska that are owned by the United States without thereby acquir- ing any privileges other than those stated in the permits. Such permits may contain conditions deemed desirable by the Secretary, and shall be subject to applicable State game and fish laws. Any patents or leases hereafter issued in such areas pursuant to the Alaska Statehood Act, or the public land, mining, and mineral leasing laws, may contain a reservation to the United States of the right to issue such permits and to renew them for an additional term of not to exceed twenty-five years in the discretion of the Secretary. ~URISDIOTION OF THE UNITE1~ STATES COURT OF CLAIMS SEC. 4. (a) The United States Court of Claims shall have jurisdiction to hear and adjudicate a single claim filed within six years from the date of this Act by the Attorney General of the State of Alaska on behalf of all Na- tives of Alaska based on the taking by the United States of any land to which any group of such Natives elaims aboriginal title by reason of use or occupancy, other than lands subject to grant under section 3 of the Act of May 25, 19~26 (44 Stat. 629 ; 48 U.S.C. 355(c) ) , as amended by section 1 of this Act. If the Court determines that as of March 30, 1867, any group of Natives had aboriginal title through use or occupancy of any such lands, the aborig- inal title shaU be regarded as taken as of that date, and the Court shall enter judgment for a sum equal to the market value of such lands upon that date without interest, and less offsets, counterclaims, and demands that would be allowable under section 2 of the Indian Claims Oommis'sion Act of August 13, 19441 (60 Stat. 1050; 25 U.S.C. 70(a)). The judgment shall be in favor of the Natives of Alaska without regard to group affiliations. A claim of aboriginal title to a particular area shall not be defeated because the land PAGENO="0090" 86 may have been occupied or used by more than one identifiable group of Natives of Alaska, but the claimants must show that there were living. upon the date of this Act Natives of Alaska who are descendants of the identifiable group through whom aboriginal title to any area is sought to be established. The provisions of this section shall not apply to any lands In southeastern Alaska for which a money judgment has been or may hereafter be awarded by the Court of ~iaims in the case of The TUngit and Haida Indiams v. The Unitted states, No. 47,900 ; or to any lands that are set a~Ide and administered for the benefit of Natives ; or to any lands that are subject to an aboriginal title claim adjudi- cated by the Indian Claims C~mmission, or pending before the Indian Claims Commission six months after the date of this Act. Prior to the expiration of such six months the plaintiffs may cause their claim to be dismissed by the Indian Ol~dms Commission and the lands involved may then be included in the claim ified pursuant to this section. . . (b) As used in this section, the term "Natives of Alaska" means all Alaskan Indians, Eskimos, or Aleuts of at least one-fourth degree Indian, Eskimo, or Aleut blood living upon the date of this Act, but the distribution of any judgment or award under this section shall be limited to Natives of Alaska living upon the date the Congress appropriates funds to pay any judgment that may be entered against the United States. It shall not include Natives who have shared or will share in any aw~u'd in the Db~ngit claim or other claims adjudicated by the Indian Claims O~mmlssion, or the Metlakahtla Indians of the Annette Island Reser- va:tion. (c) The Court shall award to the State of Alaska the reaso~iable costs and expenses, including counsel fees, incurred in the preparation of claims authorized to be filed by this section. SEc. 5. Nothing in this Act shall affect the right of Natives as citizens to acquire public lands of the United States under the Native Allotment Act of May 17, 1906 (34 Stat. 197) , as amended (48 U.S.C. 357) , or the provisions of other applicable statutes. Sno. 6. The. enactment of this legislation shall be in full and complete satisfac- tion of all claims of tribes, bands, clans, villages, communities, and groups of Natives against the United States based upon alleged aboriginal right, title, use, or occupancy, excepting only claims now pending in the Indian Claims Commis- sion or the Oourt of Claims by previous authorization of the Congress. Sno. 7. Lands granted pursuant to section 3 of the Act of May 25, 192~ (44 Stat. 629 ; 48 U.S.C. 355(c) ) , as amended by section 1 of this Act, shall, so long as they remain not subject to State or local taxes on real estate, continue to be regarded as public lands for the purpose of computing the Federal share of any highway project pursuant to title 23 of the United States Code, as amended and supplemented. Mr. HALi~Y. The Chair will make this statement : We have a good many witnesses. They have come a long way. We don't want to cut off anyone, but our time is going to be limited. I would appreciate it if wit- nesses would keep their statements as brief as possible and yet thor- oughly explain their positions, so that we might move along ~nd at- tempt to hear all of the witnesses we possibly oan, this morning~. At this time, the Chair recognizes the gentleman from Alaska, Mr. Pollock. STAT~MENT 01' HO)T. HOWARD W. POLLOCK, A R~P1U~S~1TATIVE IN CO}Ull~ESS, AT LARGE, FROM THE STATE OP ALASKA Mr. POLLOCK. Mr~ Chairman, I will be very brief. I have prepared a statement. I do not want to take the time allocated this morning be- cause I do want the people from Alaska who have traveled so far to have time to render their testimony. I would ask unanimous consent that my statement be included in the record and ask also that I be given the opportunity to file a supple- mental statement after the hearing is over. PAGENO="0091" 87 Mr. ASPINA.LL. Reserving the right to object, I notice in your state- ment you ask unanimous consent that some document prepared by Miss Julia Sayles be included as part of this hearing record. Mr. PoLL0CK. Yes, sir. Mr. ASPINALL. How big is that document? Mr. POLLOCK. It IS quite a heavy document, Mr. ASPINALL. I would suggest to my friend that he make it a part of the file and not clutter up the record. Mr. POLLOCK. Whatever you su~gest, Mr. Chairman. (The prepared statement submitted by Mr. `Pollock follows:) STATEMENT OF HON. HOWARD W. POIL0CK, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF AIAsi~A Mr. Chwlrman and fellow members of the Interior aHd Insular AffaIrs Commit- tee, 1 want to express my sincere appreciation for all your efforts to hold this special hearing so that Alaskans m~ty express their views on the pending `bills to resolve the complex Alaska `native land claims issue. With your permission, I would like to only briefly highlight the genesis of the Alaskan natives land ownership problem we are considering today and then file for the record at a later date a detailed stateanent. Some time ago I asked the Litrary of Con(gre~s~s to review the history of Alaska with specific re~erenee to the nature of the Alaskan natives claims. I ask unanimous consent that this research compikthon prepared by Miss Julia Sayles of the Librury of Congress be included as part of this `hearing record. The original issue of n:atlve land ownership can be traced back to documents as early as 1766, relating to the Rmssian administration. of what is now Alaska. In general, early occupation by the Russians was limited only to the extent nec- essary to carry on trade with the natives. Most of this activity was concentrated in the Aleutian ehkin and some of the coastal areas of North American settle- ment. Land ownership was never recognized as a problem at that time, since occupation by the traders was considered to be of a temporary nature. In the Treaty ~of Cession of Russian America, now Alaska., to the United States, ratified by the U.S. Senate on May 20, 1867, the question of the status and rights of the Alaskan native was han~1iled in the following manner "The inhabitants of the ceded terri'tor~, according to their choice, reserving their natural allegiance, may return to Russia within 3 years ; but if they should prefer to remain in the ceded territory, they, wIth the exception of uncivilized native `tribes, `shall be `admitted to the employment `of all the rights, advantages, and immunities of the citizens of the United States, and shall be maintained and pnotected in the free enjoyment of their liberty, property, and religion. The Un- civilized tribes will `be subject `to such laws and regulations as `the UnIted States may, from ti~ne to time, adopt in regard to aboriginal tribes of that country". The next point in which native land ownership was considered is found in the act of 1884 which created a civil government for Alaska (`2.3 Stat. 24) . That law stated in part: "The Indians or other persons in said district shall not be disturbed iii the pos- session of any lands actually `in their use or occupation or now `cla'imed by them, but the `term's under which such persons may acquire title to such is reserved for future legislation by Congress." Congress has never come any closer to identifying or solving the question than this brief and totally unsatisfactory sentence. The next real opportunity was also lost at the time the statehood enabling legislation was enacted The Alaska State hood Act of 1~i58 provided that the new State and its people: "Agreed and declared that they forever disclaimed all right and title to any lands or `other property-the right or title to which may be held by `any Indians, Eskimos, or Abuts, ~w is held by the Uniited States in tr~st for said natives; That all such lands or other property belonging to the United States or which may belong to said natives, shall be and remain under the absolute jurisdtetion and control of the United States until disposed `of under its authority, except to such extent as the Congress has prescribed, or may hereafter prescribe, and except when held by individual natives in fee withotit restrictions. on alienation." PAGENO="0092" / The specific rights were not then nor since defined, and their status remained in limbo. Thus, until now Oongress has really avoided a confrontation with the complex and difficult issue. Laws providing frr native allotments and townsites have net met the problem head on. Court deeLsion;s have left much confusion. Nevertheless, it seems to be generally agreed, that wIthout special enabling legislation by Congrem, the Alaskan natives eann~t sue and recover in the coiurts for lands taken from them, nor can they enforce claims for possession and oontrol of the land againet the Government or third parties. Speeific enabling legislation in this regard was passed in 1935 for the TIin*git and Haida Indian claims in outheastern Alaska. Jnst 2 days .ago__33 years after passage of this law-the President signed a bill to pay this claim. I'll never forget the poignant statement one of our venerable old native chiefs delivered during the Senate hearings on these native land claims held in Anchor- age, Alaska, last Febenary. In his broken English, the eloquence of his message caine through dramatically clear and unmistakable. He asked : "Has it ever occurred to you that maybe when you bought Aaisk'a from the Russians, you bought stolen property ?" `This brief narration of aboriginal claims in Alaska is enough, I believe, to show the tremendous failure on the part of the (~overnment thus far to resolve this most difficu~it problem invotiving the Alaskan natives. F~or 92 years the Federal Govern- merit was the sole `authority in this great State, yet nothing was done. Even at statehood the Congress retained, aa it always has, the prime responsibility for dealing with the American Indian `and the Alaskan native ; yet to this date that responsibility has not been met, `and nothing has been accomplished. Now, some- thing must `be done. Congress must act. This would seem ot be an obvious state- mont, yet ~ls was juat as pressing and obvious in the year 1958, and in 1884, and in all the other years, but `nothing was done. Having now agreed after a century that some solution must be found, it is certain that finding the optimum answer will not be easy. Since the aboriginal claims began to be pressed In earnest in 1966, great progress has been made. 1~'ortunately too, we have strewn behind us the myriad solutions `to similar problems in other areas, including mistakes I trust we will not repeat here. I can think of no more appropriate way to fully demonstrate the urgent need for action on this vital issue than by introducing the strong and dynamic leaders of Alaska, our distinguished Governor, the Honorable Walter J. Hiekel, and representatives of the various Alaskan native groups. In addition to the Governor, the Alaskans in attendance are: ALASKA FEDERATION OF NATIVES Mr. Emil Notti, president; Mr Don Wright, president, Cook Inlet Native Asso- ciation; Mr. John B~bridge, prosident, Central Oo~ndil of Tlin:git & Haida Indians of Alaska; State Representative Willie Hensley; Mr. Cliff Groh, at- torney; Mr. Barry Jackson, attorney. THE ALEUT LEAGUE Mr. Flore Lekanof, executive director, Alaska State community action pro- gram ; Mr. Roger Connor, attorney. Other individuals who will be addressing the committee are: The Honorable Ernest Gruening, 15.5. Senator, Alaska ; Mrs. Laura Bergt, member of Governor's task force on native land claims ; Mr. Charles Edward- son, speaking as an individual. In closing, I would like to say that without question this is one of the most difficult problems to face the people of the State of Alaska in many years, and perhaps the most difficult of the entire century of our existence. First as a dis- trict, then as a territory, and now as a State under the American flag. It became all the more complicated when the Secretary of Interior elected to impose a freeze on all public land transactions about the time Governor Hickel took office as chief executive of Alaska. It seems incredible that so much time has passed with- out a solution to this most basic and unresolved conflict. We all know that such things take time, but a century is really far too long for any logical rationaliza- tion. It devolves upon us to finally resolve this complex issue somehow. (The supplemental statement to be supplied by Mr. Pollock, above referred to, follows:) 88 / PAGENO="0093" 89 SUPPLEMENTAL STATEMENT OF EON. HowAiw W. POLLOC,K, THE CONGRESSMAN FOR Ai,~sx~ The excellent testimony today delivered by the Governor, by the Alaska native leaders and their legal counsel, illustrates the complex issues confronting the Congress on this vital issue of resolving the aboriginal native land claims in Alaska. As a result of this hearing, several issues yet to be resolved came into clearer focus, which is preliminary and basic as a foundation upon which to build an equitable and just settlement. First, the Alaskan natives-Aleuts, ~skimo, and Indian alike-claim an "Indian Title" by reason of original aboriginal occupancy and use. The extent of that title has never been determined, but the courts have given credence and validity to Its existence. Second, Congress has historically reserved to itself the prerogative and right to iletermine the exact extent of the aboriginal title to lands in Alaska, and the means to legally define, recognize, record, and convey this title. Third, the area occupied by Alaskan natives under aboriginal `title encompasses almost all of Alaska, ~ an area about 1/6 of the total land mass of the United States. A court of claims or Indian claims court solution is inadequate because traditionally it gives only money judgments for confiscated lands, whereas, In much of the area in dispute there has not been a taking, as such. The native community seeks not money alone, but land also, some in fee simple title, some in surface rights to use and occupy. They seek clarification and definition of their rights and title, and are willing to support an equitable resolution to bring this complex situation to a close at the earliest poss~ble time, even though this involves a compromise of their position and a waiver of any further aboriginal land claims In Alaska. This is in no manner a withdrawal from the firmeonviction that the land belonging exclusively to them originally ; that except for some limited coastal areas which were occupied by the Russian fur traders, there was no use and occupancy or actual sovereign taking by the Russians ; and there was no exercise of dominion and control of the vast interior or northern coastal areas by the Russians. It is their further ~elief that whatever rights in land the natives had one hundred years ago, they still have, because the Treaty of Sessions (purchase of Alaska by the United States from Imperial Russia) pre- served and protected their rights and interest in the land mass of the sub- continent of Alaska, and no act of Congress has since extinguished any such rights and interest. It only awaits definition. Further, it is the firm conviction of the natives that a political (legislative) resolution will be accomplished much sooner, and will result in a much more equitable solution than could je accomplished by generations of litigation. Fourth, the land freeze or moratorium on state land selection under the terms of the 1958 statehood enabling legislation has created serious financial problems for the state and its citizens. The financial problem will become more severe as the land freeze continues. At the same tinie, the freeze is probably the only equitable way to assure that Alaskan natives will be afforded an opportunity to acquire title to whatever lands are deemed appropriate by Congresa In this connection, It would be fair to point out that many of the larger federal land withdrawals have been made without consideration of the fact that the Alaskan natives do now-and have historically-occupied areas within these federal withdrawals. It would seem that the ultimate settlement must consider convey- ance of title to some land areas contiguous to their villages, the same as land- ownership which might be appropriate for other Alaskan natives in and around their villages. ~F~ifth, the Alaska natives have several varying and distinguished character- isties which will need consideration In any overaU legislation o~ adjudication. The Situation we are confronted with would be similar to that which would have resulted if the Congress originally had decided to settle all Indian rights west of the Mississippi River in one treaty. It is not hard to envision the difficulty in reaching terms which would equally satisfy the Sioux, Zuni, Utes, Yakima, Cheyennes, Mandan, and Palute. This, to a very large degree, is the problem we face in res~dv:ing the Alaskan native land claims. Sixth, the right of self-determination in handling any monies and land as a result of settling the Alaskan native land claims should be vested with the Alaskan natives. If it is deemed necessary by Congress to have oversight respon- sibilities vested with the Department of the Interior, it would appear appropriate PAGENO="0094" I 90 to have that responsibility reside with the Secretary rather than the Bureau of Indian Affairs. The eloquence of pre~enitation before the Interior and Insular Affairs Cum- mittee by the native leaders was a tribute to the dynamic and capable new lead- ership which is emerging within ~ the er~tire native community in Alaska. E~rery Alaskan should be proud of the performance of these dedicated indfvtduals at this the first hearing of its kind ever held in Washington o~ the resolutio~n of the Alaska native land claims problem. ~ ~ ~ . . Mr. POLiocK. Mr. Chairman, just briefly, 1 would introduce several of the men~bers who are here and would ask that they just stand up briefly and then would hope that the Governor would have an oppor- tuni'ty to testify firsthand. Mr. Chairman, without further ado, I am going to relinquish my time and ask that the witnesses now `be heard. I don't see Senator Gruening. I wonder if we could' nuw have the Governor make his statement. Mr. HALEY. We also have an executive communication which, with- out objection, will be made a part of the record along with the bills. May the Chair first state that, coming from the most southern part of the United States, I welcome you people from the most northern part of the United `Staths and `say to you that you have a very fine Representative, Mr. Poilock, who is a member of our committee and is doing a good job here for you. About the only trouble is, or about the only fault I could `find is, that he' comes from the other side of the aisle, so to speak, and `belongs to `another party which I will not men- tion ; but if you must send Republican's down here, I suppose Mr. Pol- lock is about `as good as you will be able to find in Alaska. Mr. POLLOCK. Thank you, Mr. Chairman. I notice Senator Gruening just came in. Mr. Mc'CLtnu~. Mr. Chairman, would the gentleman yield? Mr. HALEY. I yield. Mr. M0CLimE. I would just like to add to what the chairman has said. The very fact that `these hearings are being held is a mark of the vigor and dc~termination with which our colleague, the gentleman from Alaska, Mr. Pollock, has approached this problem and as the chairman well knows, he has been very diligent in pursuing this mat- ter and geitting it to the hearing stage here. I think that `the people from Alaska should know of the amount of work that he has done and `the dedication he has had in getting a hearing and havin~ you people appear before this committee. I think he is to be very highly commended for the approach that he has made and the kind of work that he has clone for the people that he represents. Mr. PoLr~ocK. I thank the gentleman from Idaho, Mr. Chairman. Mr. HALEY. I agree with the gentleman from Idaho and as has been stated, I am glad to have these hearings this morning to get the gentle- man from Alaska off my `back. Mr. BERRY. Mr. Chairman, as one representing neither those farthest north nor farthest south, but the exact center of the TJnited States, which now is in my district since Alaska came into the Union, I want to welcome you folks from `the northern country and would join in what my colleagues have said regarding `the work Howard has been doing for you~ ` Mr. POLLOOK. I thank the gentleman. Senator Gruening is in, Mr. Chairman. PAGENO="0095" 91 Mr. HALEY. Senator, we. are glad to welcome you here this morning. We have many fine people here from your small State. We are glad to have you here. We hope that we can hear all of the witnesses. .1 have asked them to be as brief as they possibly can; but you have the floor and we are glad to have you. STATEMENT OP HON. ERNEST GRUENING, A U.S. SENATOR PROM THE STATE OP ALASKA Senator GRUENINO. Thank you, Mr. Ohairman, and members of the commiUee. I did not intend to make any statement. I t~unJ~~: my views on this legisJation are very well known. I think this is legislation that is long overdue. ~ The promise that is now hopefully going to be fulfilled dates from . the organic act of 1884 which stated specifically that the natives and others would not be disturbed in the possession of the lands held or claimed by them and that the disposition of this matter was left to Congress. Well, we are getting close to a century after that and the promise has not yet been fulfilled. I am very hopeful that it will be fulfilled in the very near future. I know of no more important issue confronting the people of Alaska than this. The condition of the natives is one of poverty, unemploy- merit, inadequate housing, inadequate conditions of living and it must be rectified. There will be some question as to whether the latest bill sent up by the Interior Department is a satisfactory one. I much pre- ferred the previous bill which was drafted by the task force appointed by Governor Hickel, but the disposition of this legislation, of course, rests with the members of the two committees in the House and the Senate and of the Congress. I am hopeful action will be speedy, that it will be generous and that we may conclude this issue early in the next Congress. It is obviously too late for us to do it in this session, but these hear- ings should be very helpful in laying the groundwork for the action which I trust will be taken just as soon as Congress reconvenes in January. As a Member of the Senate Committee on InteHor and In- sular Afl~airs, I will be in a sense a judge, a listener, and I certainly want to hear all the pros and cons of this particular legislation. It has. some obvious defects. Those of us who have followed the rela- tionship of the Bureau of Indian Affairs with the native people feel that it is time they were given a greater freedom and independence from the Bureau's control which has been exercised now for nearly a century and has not resulted in the progress we feel should have been made. I think this is one of the items that will be certainly brought to the attention of this committee. If I may be a listener from now on, I will appreciate it. Mr. HALEY. Thank you very much. Are there any questions? Mr. ASPINALL. I want to welcome our personal friend and coworker, Senator Gruening, before this committee. May I say, Senator, I believe that is the most effective presentation that has been made by a Member of the other body before this commit- tee for a long time. PAGENO="0096" STATEMENT OP HON. WALTER 1L KICKEL, GOVERNOR OP THE STATE OP ALASKA Governor }TIOKEL. We have it well organized. Mr. Chairman and members of the subc~ommittee, I would especially like to thank Chairman Haley, Chairman Aspinall, and others who moved with such expediency to hold these hearings at my request. I know that you did this, having `other pressing matters before you, especially in this year before we adjourn Congress and face the coming election. Mr. ASPINALL. Mr. Chairman, I don't want to interrupt the Gover- nor, because we are very glad to have him here and we are glad that he requested this ; but to be perfectly frank with you, the hearings were set at the request of your ~ongrcssman, Mr. Pollock, and your Senators Bob Bartlett and Ernest Gruening. We are glad to say it coordinated with your activities and wishes but here is where the prompting came from. Governor HIcK~i~. Very well. Thank you, Howard, and Senators. I would like to express my concern today and I might add that I have my remarks prepared and you will get copies of them but I will read them and it will take about 12 minutes. I would like to say that settlement of land claims for the natives of Alaska are long past due. As Senator Gruenin~ said, it has been 101 years since the purchase of Alaska from Russia. I `think in that 100 years there has ~en more than an injustice done. The explicit deferral of this settlement began with the treaty of ces- sion in 186'T and was reemphasized in the Alaska Statehood Act. The report of the House of Representatives on the statehood bill by a member of the Committee on Interior and Insular Affairs stated the following with reference to the disclaimer clause in the Statehood Act: "Finally the section provides that no attempt will be made to deal with the legal merits of the indigenous rights but to leave the matter in status quo for either future legislative action or judicial determi- i-ia~tion." The U.S. Supreme Court, in 1955, in Tee-Hit To'n India~s v. United States, placed the sole responsibility for the resolution of the claims of the natives of Alaska. on the Congress of the United States. I appear before you today to request that immediate assumption of responsibility. There is an obligation of history, and this forum-the Congress of the United States-has the sole authority to exercise that obligation. We do not live at a time when we can accept the status quo of 1867. The matter we discuss today is land-land of the United States- land of the State of Alaska-land of the natives of Alaska. I / 92 Mr. HALEY. Thank you very much, Senator. We are glad to have you. Mr. PorLocK. I wonder now if Oovernor Hickel might address the committee, Mr. Chairman. Mr. HALEY. Governor, we are glad to have you with us today. I just wonder, looking over the crowd, who's keeping the store. / PAGENO="0097" 93 The basic concern of the Alaska statehood hearings was these same lands. The bills which we discuss today are efforts to carry out the provi- sions and the spirit of 101 years of history. The present and the future of the State of Alaska is tied to land. The U.S. Congress recognized that fact in the Statehood Act when it granted to the State 103,350,000 acres of federally owned land. The land obligation of `the Congress to the natives of Alaska still has not been met. The urgency of a settlement involves all Alaskans, native and non- native, and all Americans. The reason for this urgency is the "land freeze" in the State of Alaska. The history of the "freeze" is this. In 1961, the first native claims were filed in `the State of Alaska. There were four of these protests. J:n each of these cases, the regional offices of the Bureau of Land Management denied these claims. There was then an appeal to the Secretary of the Interior. There has not yet been a decision of the Secretary of the Interior on the validity of these protests. However, there has been since that time native claims which blanket the State and a refusal by `the Secretary of the Interior to issue patent ` to the State of Alaska for lands granted to the State under the State- hood Act. At the time of the imposition of the "freeze," the State `had applied for 17.8 million acres, but had been granted patent to only 5.2 million acres and tentative approval to 7.9 million acres. Of the 103 million acres to which Alaska is entitled under the State- hood Act, Alaska has patent to 5 million acres. This is statehood at 5 percent. Further, the Secretary of the Interior has cut off Federal mineral leases. The State of Alaska is entitled to 90 percent of the royalties from most of these leases. Under the "land freeze," neither the State nor the Federal Govern- ment receives anything for these denied applications. The "land freeze" has resulted in the loss `of direct revenues to the State from pending mineral applications in an amount of a half million dollars. These are applications that are already on file. In addition, we have conservatively estimated that another $600,000 to $~`00,000 has been lost from mineral leasing revenues on lands where there is good potential for mineral exploration. The latter amount has undoubtedly changed in the past few weeks with the encouraging results of Alaska's newest `and highly promising oil and gas province-the Arctic north slope. A tremendous upsurge in leasing activity has occurred in the Fair- banks land office of the Bureau of Land Management on unleased lands of the north slope. Last week alone, applications were `received covering over 150,000 acres. Applications have been accepted but actual issuance of leases and resulting income is withheld until there is a settlement of the native claims which cover these areas. This is an economic paralysis which affects all of us. 98-481 O-68----7 PAGENO="0098" 94 There is no revenue for Federal or State programs to benefit the same natives who are the point of the land freeze. The development of Alaska is severely restricted by this measure. This is a concern for all Americans. The land mass of Alaska represents the farthest thrust of the United States of America out across the Pacific into Asia and upward toward the pole at the crossroad of the Northern Hemisphere. There is no one to deny its significance in the strategy of geography. Further, the freeze halts the development of mineral production I ~ which is necessary to maintain the economic leadership of the Western World. It is vital to all of us that the economics of Alaska be placed on a firm and solid basis. The State of Alaska has assumed its responsibility ~ toward the na- tives of Alaska in this way. First, my administration organized a task force to come up with a proposal of settlement of the Alaska native claims. This task force was composed of native leaders, their attorneys, Rep- resentatives of the State administration, and a representative of the Department of the Interior. The objective of the task force was a bill which would reconcile the interests of the Department of the Interior, the State of Alaska, and the natives of Alaska. This bill was introduced in the Senate as S. 2906 and in the House of Representatives as H.R. 15049. Second, my administration sponsored and secured passage at the last session of the State legislature of an Alaska native claims State settlement act. It provides for the grant of $50 million to the natives of Alaska if the present land freeze imposed by the Department of the Interior is lifted before the 10th of October of this year. The Congress of the United States should now exercise its respon- sibility toward the natives of Alaska. The State of Alaska, as the soverign State which represents the natives of Alaska and all other Alaskans, endorses this main basis of settlemeut: ~F~irst, a mithmum monetary settlement in the sum of $500 million, with the condition that at least half of that sum be used for capital investment in the village regions. Second, grants of land in fee simple to each native group for its historic village site and whatever land contiguous to that village site which m~ty be necessary for the future economic and social develop- ment of the community. Third, nonexclusive aboriginal rights of natives ~ for hunting and fishing on lands in Alaska owned by the Unithd States. Fourth, an outright grant of immediate benefits to the Alaskan natives without the restrictive trusteeship of the Department of the Interior. Let me explain to you in more detail several of the principles of the land settlement which I have just outlined for you. With respect to the monetary settlement of $500 million, 1 would like to point out that the people of the State of Alaska alone have offered $50 million for this settlement. I think it is a conservative state- ment to say that the rest of the United States, and this is a settlement PAGENO="0099" 95' which concerns all Americans, has the obligation to settle this matter for a sum which is but 10 times the amount of the State settlement. The recognized judicial basis for the taking of land is its fair market value, and I doubt whether the minimum $500 million settlement satis- fies that criteria. As a sidenote, I might say that $1 billion is perhaps inadequate to satisfy this criteria. Further, the requirement that half of this settlement figure `be re- invested in capital improvements means that this will help to lead to the economic development of a vast region of the lJnited States to the benefit of the natives and of all Americans. With respect to the land grant settlement proposal, it is imperative that these grants do not abridge the 103-million-acre grant of land to the State of Alaska und~er the Statehood Act. Therefore, in light of the geography of Alaska, great stmtohes of which are uninhabitable, the Federal Government must release from withdrawal that part of the 112 million acres of Federal reserve land rn Alaska which is necessary to satisfy the native land settlement and insure the State of Alaska 103 million usable acres for selection. The responsibility for settling the native land claims problem is primarily a Federal one-and it is therefore only fitting that Federal reserve lands be used to help in this settlement. This is, I believe, a fair basis of settlement for the Alaskan natives. It is also a solution fundamental to the growth and progress of Alaska. We envision and are moving forward toward the development of the vast hinterlands in the interior and northern regions of Alaska. The inhthitants of these regions are natives. The development and production from these areas will be through the utilization of natural resources. This will not only greatly enhance the standard of living for Alaskan natives, but will also provide this Nation with the necessary self-sufficiency of raw materials which are vital for national defense and continued prominence among the in- dustrial powers of the world. The development of interior `and arctic Alaska will insure that fu- ture generations of native people can rightfully assume their role in the modern economy. There is the challenge of Alaska before you today. There is little time for delay. The resolution of the native land claims is one of the first moves forward. The State of Alaska awaits your decision. Gei~tlemen, I will answer any questions, if you have any. Mr. H~n~y. Thank you very much, Governor, for your statement. The gentleman from Colorado. Mr. ASPINALL. Governor, we are glad to have your statement and we will be glad to hear from other witnesses. This matter was first brought to my attention directly in 1951 before most of you were even thinking about what was involved. It ~as on my first trip to Alaska when we considered this matter. As I understand it, what has happened since then has been that the Alaskans desired statehood first. We took upon ourselves the obliga- tion of giving the Alaska people what they wanted. There are those on this committee at the present time who had something to say about that. PAGENO="0100" I 96 I would like to ask you this question, Governor : This is a hypo thetical question but I think it places the U.S. Government in a little bit better position than some of you want to have it placed. What would have happened to these claims of the natives if Russia had not transferred its title to the United States? Governor HIOKEL. What would have happened to the patents? Mr. ASPINALL. SV~hat would have happened to the claims of thQ natives that are now presenting claims to the Federal Government ~ What would have happened to the claims if Russia had seen fit to keep ownership of that area? Governor HICKEL. I would have to go over to Moscow to answer that question. Not being facetious, I don't know what would have happened. Mr. ASPINALL. You would have to go further back than that. A. trip to Moscow wouidn~t do a bit of good at the present time. All you have todo is look at the proposition. Don't poin.t to the Federal Gov- ernment as a bad boy in this operation. We gave Alaska what she wanted first and now we find a problem in which all of us are inter- ested and are de~irou*s of finding an answer. Now, to make the record clear, Alaska has received fair treatment. In the case of the other States, some received one section out of each township for various purposes, mostly school purposes. Some received two sections. Some received four sections. Four sections, which is one- ninth of the total land area, is all the Federal Government ever gave to any State before statehood was granted, or at the time statehood was granted. Now, Alaska, if I understand correctly, has at the present time a land area of 365,481,600 acres. In our bill we provided that the government of Alaska, the State, would have 103 million acres. In other words, Congress was not parsimonious when it came to the granting of statehood. One-third instead of one-ninth, or one-thirty- sixth. That doesn't mean that we shouldn't clear up this question of native claims, but it does mean that in some respects some of the figures which are quoted by the friends of Ahiska are just a 1itt~e bit un- reasonable. When you talk about Uncle Sam owing $1 billion liability here, or $500 million liability under these circumstances, we get just a little bit out of line, in my opinion. That is all I wish to say because you have made a good statement as far as Alaska is concerned and your statement speaks for itself. It doesn't need any questioning on my part. Before the State of Alaska can get 103 million acres of land and before you begin to proceed as you have a right to proceed, we must take care of this problem, but let's keep it within bounds. That is all, Mr. Chairman. Mr. HALEY. The gentleman from Pennsylvania. Mr. SAYLOR. Governor, `it is good to see you before the committee. I would like to commend you on your appearance. I don't know where Secretary Seward is today but his investment of $7,200,000 for the entire State of Alaska 102 years ago, would I'm afraid, cause him to shudder if he thought we were having a bill presented to us by the Governor of Alaska for $1 billion to settle the native land claims of the people of Alaska. / / PAGENO="0101" I don't know whether the people of the 49th State of the Union have seen the financial statements of the Federal Treasury lately, but all I can tell you is that they are in pretty bad * shape. I don't know where you are going to get $500 million or $1 billion to take care of this matter. My mind goes back to the first time I heard about this from a former member of this committee, Mr. Wesley D'Ewart, of Montana. I am sure Mr. D'Ewart, when he talked to me about it shortly after I got on this committee, never dreamed we would have presented to us, figures of this nature. Of course, I don't think he ever dreamed we would have the Indian Claims Commission giving awards such as have been given to some of ~he Indian tribes around this country either. Governor, I believe it is correct that we changed the law before you became a State. That law had to do with care of the mentally incom- petent. It seems that for about 90 years everybody who was mentally incompetent had to be treated like a criminal up there, arrested and kept in jail and then transported down to Washington for treatment. I happened to have been one of those who took a good bit of abuse as a member of this committee because we tried to give the people of Alaska the right to take care of their old, mentally ill persons. If my memory serves me correctly, I think we gave the State of Alaska 1 million acres to help them solve this problem. All I can tell you is, I was accused and I know other members of this committee were accused of attempting to set up an area in Alaska, put a fence around 1 million acres to put all the crackpots in, not only Alaska, but everybody in this country we didn't like. It was said we were going to build a big concentration camp up there in Alaska. Now, you haven't built any concantration. camp up there, have you, for the care of the mentally indigent? Governor HICKEL. No. Mr. SAYLOR. As a matter of record, what progress have you made in this field in trying to take `care of persons in the State who suffer mental disorder? Governor HICKEL. We have one large mental institution in the Anchorage area. Within the last year or two we have brought back most of the patients that we had been treating outside, in Portland and other areas, and we have made progress. The land given to us was of great benefit and so we are going forward and I think in a very* progressive and enlightened way in the care of mental patients. Mr. SAYLOR. One of the things I would like to ask you about is that you say here that the Federal Government has to give up its withdrawals- Governor HICKEL. I would like to explain that. Mr. SAYLOR. Would you explain that for us? Governor HICKEL. Yes. As you know the statehood bill gave us the 103 million acres, the right to select that and at the time of the hearings on that bill I remember well, as a matter of record then, now the Senator Bartlett, then the delegate, stated the difficulty of selecting these 103 million acres due to the vastness and the amount of Federal withdrawals at that time. I I PAGENO="0102" 98 Now, if we are going to get the 103 million acres that we are entitled to under the statehood act for all the people of Alaska and give the native people their settlement that they think they need in the way of land, they will obviously have to come out of the federally with- drawn areas because the amount of usable land of which the Federal Government has withdrawn approximately 112 million acres, and we have the right for 103 million acres, that obviously some of that acreage they want for their settlement would have to come out of the federally withdrawn lands. . Mr. SAYLOR. Now, the federally withdrawn lands are in fairly large blocks, is that not correct ~ Governor HICKEL. Yes, in all categories. This includes parks and everything else. Mr. SAYLOR. Now, the first real big withdrawal that took place in Alaska is the withdrawal up in the northern area. The Navy with- drawal. Is that not correct ~ Governor HICKEL. That is correct. Mr. SAYLOR. The second withdrawal that took place in Alaska of a large size was for the establishment of the two national parks. The third withdrawal of any size is the Arctic Wildlife Range ; is that correct? Governor HI0KEL. Yes. Mr. SAYLOR. These are the three big ones. Are there any others? Governor HIOKEL. The Federal forest reserves and then, of course, you have-you have the wildlife, you have PET IV, the parks, the Lewis Range. Mr. SAYLOR. The Kenai Peninsula. Governor HICKEL. The Moose Range ; I forgot about that one. Mr. SAYLOR. Now, Governor, let's look at them. The first withdrawal is the withdrawal for the Navy-oil. Is that not correct? Governor HIOKEL. That is correct. ~ Mr. SAYLOR. There has been some exploration in that area by the military and by certain other companies for the military? Governor HICKEL. That is correct. Mr. SAYLOR. Now, one of the real important features of maintaining this area is for this country's military posture and its oil supply. Now, do you want to get rid of part of that? Governor HICKEL. I think there have been some requests in Con- gress this session to give up PET IV. Perhaps Senator Gruenin~ can help me, but I think the native itself was willing to relinquish it. Is this right, Senator? Mr. A5PINALL. The Chair objects to this procedure. This is not in accordance with our rules. Mr. SAYLOR. The second withdrawal was our national parks. Do you want to cut down on the size of the national parks up there? Governor HICKEL. Maybe not necessarily the national parks. We thrnk there could be multiple use of the lands of some of the parks that have taken such vast areas. Mr. SAYLOR. Now, we don't have that type of system. In other words, the act of 1916 which established the national park system says that when Congress establishes a national park the land will be set aside for a special use and we haven't allowed multiple use in our national parks. it becomes a little difficult to try to do it in Alaska. / / PAGENO="0103" 99 Governor HICKEL. I realize that, but the parks there cover such vast areas. I think it is the size of Alaska and the vast withdrawals that make up the real problem. Take the Kenai Moose Range. One million acres for the Kenai Moose. That is more acres than some of the people have down here. I think it could be smaller. Mr. SAYLOR. One of the great resources of your State is your great hunting and fishing, which draws a good bit of revenue into your State. Is that not right? Governor HICKEL. That is true. I can't see any reason why they couldn't have the million acres and have it up on the slopes of the Chookat Mountains or the Kenai Range rather than just have the vast areas of wonderful flatlands that they have now Mr. S~mon. First, you have to understand what the moose thinks. In other words, it is all right to think like a Governor, but you have to understand how a moose thinks. You can't tell a moose to change his habits which were created as the result of the natural enviromnent in which the moose have been living. I don't know how you can get the moose to live on the slopes or the top of the mountain. Governor HICKEL. They go there automatically. You don't have to force them up there. They will go up there. Mr. SAYLOR. Then we have the national forests. We have had quite a number of complaints during this session of Congress about areas that have been in national forests have to stay in national forests. We have had some bills reported out of this committee that met head-on opposition from the Committee on Agriculture who maintain that once you put an acre of land in a national forest it has to remain there. forever. Now, are we going to change the policy in Alaska? Governor HICKEL. We might have to. Mr. SAYLOR. These are just some of the problems and the basis or reasons `I ask these questions. Governor HICKEL. Mr. Saylor, some of these historic village.sites are right in these national forest preserves. I don't know how you are go- ing to solve this problem. You just can't take the vil1a~e out and move it. I think it is easier to change a manmade law than it is to take people and move them. This is going to be a problem. I think there is going to have to be a look-see and reappraisal of the policy. Mr. POLL0cK. Will the gentleman yield tome.? Mr. SAYLOR. We are willing to move the moose, but not the people. It is a little more difficult to move a native Alaskan, I realize this. Mr. ~ POLLOCK. I would just like to make a comment about this. If there are some 103 million acres of land that the State has allocated to be selected over a period of years following statehood and 112 million acres of land which are aheady in reserves of one kind or another of the Federal Government, we have 375 million acres of land, including our inland waters in Alaska, so there are some 160 million acres left and I think the point primarily that `the Governor was trying `to make is that if a selection of land or an acreage `amount is used to resolve the native land claims there should be an additional amount put of the Federal land-not necessarily national parks or monuments, but out of the remaining lands of Alaska-so that the State of Alaska would not come out on the short end of the stick, it being the determination I PAGENO="0104" 100. of the Congress initially that 103 million acres of land was necessary to help the State function. Mr. SAYLOR. I just want to say that Governor Hickel has made a pretty good case for himself and he makes a pretty good case for the people of Alaska. Howard, you have helped him, but I am sure the Governor, from his testimony here, doesn't need much help. He is really an expert. He has proven himself to be an expert sitting right there. Mr. ASPINALL. Will my colleague yield? Mr. SAmoR. I yield to the chairman. Mr. ASPINALL.. Governor, do' you endorse the proposal of the natives, to grant 40 million acres of land to the natives ? As you know, the De- partment itself has proposed a much smaller amount of acreage. Governor HIcKi~. I stated in my testimony here that they should be given fee simple title to the land contiguous to their areas `in any amounts-I am trying to remember the exact words-that was neces- sary for their social and economic development. Now, if this so takes 40 million acres and it is their wish, and if we support that-I would say this, if it takes 40 million acres to settle it, I would be in favor of it, but it obviously couldn't come from the 103 million acres of State land because there wouldn't be enough land left. If you kept 112 mu- lion acres in the withdrawal, that is. Mr. ASPINALL. You mean in Alaska you don't think it could come from the 103 million acres ? Governor HIOKEL. As an Alaskan, that is right, because I don't think, Mr. Chairman, that Alaska should have to settle this issue by itself. If you took it out of the availability lands in the statehood act, they would be in essenëe settling this native land claims bill themselves. Mr. ASPINALL. There are two sides to that coin, but I am not going to argue with you. Mr. SAYLOR. Now, Governor, on the third item you have down here on rage 9', "Nonexelusive aboriginal rights of natives for hunting and fishing on lands in Alaska owned by the United States." Governor HICKEL. Yes. Surface rights. The right to trespass and uise. Mr. SAYLOR. Hunt and fish any time `they want? Governor HIOXIIL. That is right. Mr. SAYLOR. Has the State of Alaska given those rights in the sec- tion of 103 million acres you have taken? Governor HIoKi~. We haven't taken it. We have patents on five and as I recall in the area, say of Point Barrow, on the north slope, we give them the right to hunt when they waiit to h~nt or fish, for subsistence. They can take fish for subsistence when we can't com- mercially fish. Mr. SAYLOR. If we are going to give them $500 million, and give them that benefit without any restrictive trusteeship then they will be the wealthiest people in the United States under the American flag as a group. Mr. ASPINALL. Would my colleague yield? Mr. SAYLOR. Yes. Mr. ASPINALL. We want to get this in the proper perspective. All of the Indian claims that have been granted so' far to the Indian tribes of `the lower 48 States `total $251 million. I suppose that is about half. PAGENO="0105" 1 I 101 So when you speak about $500 million for the Indians and the natives, Aleuts and Eskimos in Alaska, speaking of a greatly less number as the gentleman from Pennsylvania h~s suggested-I think what is bothering some of us is this large figure that the officials of Alaska are apparently holding out to the natives of Alaska when even in the lower 48 with all of the claims that we have down here it more than likely will not exceed $500 million. Thank you Very much. Governor HICKEL. I would like to mention that we specifically stated here, as you notice, that half of this money should go back to capital investment in the areas involved. I sincerely believe it when I say that that is the most underdeveloped area under the American flag and possibly in the world. It has been the lack of capital investment; it has been the lack of, really, public responsibility, to bring up the barest necessities, necessities of life. What we are really doing for the benefit of all the Americans is taking half of this money we are requesting-we are requesting that half of this half a billion dollars go back into public improvements. There are areas there that haven't water ; they have no sewer ; they don't have electricity. There are many of these things that have been neglected. I think it would be of benefit not only to them, but to all the people of America, to bring this thing somewhat up to date. Mr. SAYLOR. Governor, on page 10 you say the judicial basis for the taking of land is its fair market value. I concede this point, but what is the date when you are going to fix the value? Governor HICKEL. I think that is very argumentative but if you have 360 million acres, $1.50 an acre would be about half a billion dollars. Mr. SAYLOR. We got this land for 2 cents an acre. Governor HIOKEL. That is right. Mr. SAYLOR. One hundred and two years ago we bought it for 2 cents an acre. Now the treaties we have entered into with the Indians in this country use the date which the Indian Claims Commission has used. One of the really difficult problems has been to try and arrive at the value of land back at the dates of these treaties. Governor HICKEL. I understand that, Congressman. Mr. SAYLOR. Now, the èriteria which you have given to us fixes the value as of today. Governor HIOKEL. It is worth more than $1.50 tolay. Mr. SAYLOR. It is worth more than $1.50 today? Governor HICKEL. Oh, yes. I think it will be between 1.5 and 5 billion barrels of oil on the north slope alone at $3 a barrel. Figure it out. Mr. ASPINALL. I can't help but interrupt here. It is not worth any- thing in the ground. The development cost of taking it out of the ground will eat up a good part of `the value. This is the same kind of an argument that people make about oil shale values in my district. A trillion dollars worth, when anybody who knows anything about it knows that it will take at least eight-tenths of that and perhaps 85 percent in order to get it out of the ground. Governor HICKEL. I would like to comment on that, Mr. Chairman. The discovery has been made. The offset of 7 miles away has been made They are both productive and they could use a billion barrels. I know PAGENO="0106" 102 that ~s 1?w. This can be gotten out. At tidewater, at $2 a barrel-I am not t~1king about the north slope, but at tidewater. That is just one field./ I ~on't know what is the value. Mfr. SAYLOR. Governor, that is all. You and I could sit here and clis- cusslthis matter for a long time. It has been around for a long time. I appreciate your frankness and I appreciate your coming here and tesUfying before the committee and ~ giving us the benefit of your thotights. Thank you, Mr. Chairman. ~[ r. HALEY. The gentleman from California. ~[ r. TUNNEY. Thank you, Mr. Chairman. Thank you very much for ha~ying come so far and having given us such excellent testimony. /11 have a couple of questions I would like to ask you. I am not as f~miliar with this problem as some of the other members of the com- m/ittee, therefore I am going to ask a couple of rather basic questions. Qne is, what is the basis of the claim against the United States for the $~oo million ? It is my understanding that Russia took this land from the natives and that we then purchased the land from Russia for full value ; at least at that time. / So what is the basic legal and moral justification for the natives now ~;o make a claim against the citizens of the United States, after they Jhave been recently granted statehood, for $500 million? Governor HICKEL. I think this could better be covered by some of the attorneys for the natives group but I will give you my opinion. They won't agree, from a legal standpoint possibly, that they were ever compensated for this land and from a moral standpoint much of Alaska at the time it was sold by the Russians, the Russians hadn't even trespassed over hardly any of it ; just only on the coastlines. So in reality, when it was purchased they feel they weren't compensated at all and they have had it since Time 1. As I said before, if they don't have a legal claim, at least they have a moral claim. Mr. POLLOCK. If the gentleman would yield, if I might add to what the Governor has said, I think it was probably very poignantly stated in the Senate hearings last Fthruary in Anchorage when a venerable old chief got up and said to the Senate committee in broken English, "I cannot speak very well ; but did it ever occur to you that maybe you purchased some stolen property from the Russians?" Mr. SAYLOR. WhO did they steal it from ? Mr. ASPINALL. If my colleague from California will yield, let us not go out on. that, because we white Americans are not sitting here in too good position if we follow that. Mr. POLLOCK. He asked what the basis of the claim was of the natives and I think the basis of the claim the Government stated very well ; it was their land, the Russians came along. the borders and occupied or used only . a very limited part of it for trading and so forth, and sold the entire part to the United States. I think from thern native point of view that they have a very valid claim. Mr. TUNNEY. Would there have been in your mind any legal claim against the United States, or moral claim against the United States, for $500 million if Alaska had not been granted statehood? / PAGENO="0107" 103 Governor HICKEL. I think the claim would have been there regard- less of statehood. Mr. TUNNEY. Claim against the citizens of the tTnited States irres- pective of whether we granted statehood? Governor HICKEL. I think so. Mr. TUNNEY. Could you explain that a little further ? On what basis? Governor HIcKiir~. It would not make any difference from. the claim standpoint whether it was a State or territory, as far as their claims to compensation ar~ concerned. Mr. TUNNEY. I am not clear on that point myself. At the time that Alaska came into the Union and it was testified before the House and Senate Interior Committees requesting admission, was it understood that within 10 years of admission that there was going to be a claim made against the United. States for $500 million? Governor HICREL. I think the statehood bill very clearly pointed out, and in my testimony, that this thing was not settled. It had to be settled in the courts or by Congress. I think it pointed that out. Mr. TTJNNEY. Was there any mention made at that time? Governor HIcKr~. Of the amount of money? Mr. TUNNEY. Yes. Governor Hioxr~. No. Mr. TUNNFJY. The amount of money that was to be requested to settle the Indian claims. Governor HI0KEL. No, I do not think there was any mention of the amount of money. Mr. TTJNNEY. It is my understanding, and I do not have the figures, that Alaska, of all the States in the Union receives the largest amount of money per capita from the Federal Government in return to the citizens. I believe it is over $1,000 a citizen. I cannot recall exactly, but it is substantially larger per capita than any other State's. What I would like to understand on this point is, if we give $500 million to the natives of Alaska as just recompense for the land that was taken by the Soviet Union and sold to the United States how much would this mean per capita to the natives. Governor Hicxgj~a,. Estimated 80,000 natives and half a billion dol- lars, I would have to figure it out. It would be about $600. Figure it out. Mr. TUNNEY. About $6,000 per Indian. Governor HIoKi~. Yes, roughly. Mr. TUNNEY. Let me ask you this : The Indians of California-I come from the State of California-were recently awarded about $29 million for the lands that were taken from them by the white man when he came to California. Inasmuch as the Indians were the original settlers of California, and inasmuch as there was nobody contending or competing for that land, we can assume that the entire State of California at one time belonged to the Indians, or at least in some way they, had hunting or fishing rights as tribes to the entire State. The settlement was $29 million for the entire State. Do you feel that $29 million for land claims of the Indians in California stacks PAGENO="0108" 104 up r sonably with the $500 million of the land claims being asked by the n/atives of Alaska? G~vernor HICKEL. I would like to ask a question to help answer that. How many acres were involved in the $29 million settlement? M~. TUNNEY. It was in excess of 100,000. When I said the whole State of California was in some way involved, we ~re talking obviously about 100,000 square miles. q overnor HIOI~EL. Yes, but you are talking about a claim for 100,000 acres. * r. TuNN~r. Mr. Witmer, do you know what it was? ~i: r. WITMER. No, I do not. ~+overnor Hiou~a,. We are talking about a few hundred million acres he±e. This is the difference. 4\fr. TUNNEY. The point I am making is that the Indians of Cali- fotina had as much claim, I thought, to the lands of all of California as the natives of Alaska did to the land of all of Alaska. California is i1~ excess of 100,000 square miles, and they were granted by whatever 1 gal fiction in the presentation of their claims, they were awarded $ 9 million for the lands they had in California. What is being asked by the natives of Alaska is $500 million for the 1 nds of California. Governor HIcKi~a~. Alaska is five and a half times as big. Mr. TUNNEY. On the other hand, California produced last year ~86 billion in gross State product. Governor Hictrii~. If we had not been neglected we could outproduce that. You will never win that argument with me. Mr. TUNNEY. How many citizens do you have in Alaska? I Mr. ASPINALL. If the gentleman will yield, we have to be careful of this record. We were told when we granted statehood that you folks would be self-sufficient. Several of us did not think you would, but we granted statehood just `the same. This question of neglect, we neglect Washington, D.C., we neglect Colorado, so let us not put it upon the basis of Uncle Sam, the Great White Father, neglex~tang any particular area. Governor HflJKEL. Mr. Chairman, I do not want to be argumentative, but in the 28 years I have been there, if you wOuld go over that vast 300,000 square miles of Arctic and not see one bit of manmade surface transportation, then you might understand there has been some neglect. Mr. TTJNNEY. How many citizens are there in Alaska? Governor HIoKr~. 280,000, roughly. Mr. TUNNEY. You don't deny, do you, that Alaska gets more money per capita from the Federal Government than any other State in the Union? Governor Hiciu~. I won't deny anything because it has been so far behind. I agree with you. Mr. TTJNNEY. Far behind in what way ? You have 280,000 citizens. Governor Hicxiir~. That is right. Mr. TTJNNEY. We have problems in other parts of the country. New York City has 8 million citizens and nobody denies there has been tremendous neglect in t.he city of New York. So, it is all relative, is it not? Governor HIoK1~. I would like to answer that. / PAGENO="0109" 105 We have a country that is big. It is four time zones across. It will stretch from Canada to Mexico and Atlantic to Pacific. It has two oceans and three seas. If New York City had that much land to take care of it would take an awful lot of money. This vastness, and the simple communication and simple transportation is not there. In highways alone we are many years behind. We do not get any of the interstate highway funds. I am sure you understand that. We have a mass transportation system called the Marine Highway that is 100 percent paid for and subsidized by the State of Alaska. Yet there should be highways up the coast, but it would cost billions to do that. We do not get any help for those things. We think they are a part of the problem and part of the responsibility of Government, because I don't care if there are 280,000 people or 280 million, per- centagewise we pay the same taxes to the Interstate Highway Commis- sions. We do the same things. I feel very strongly on this. Mr. TUNNEY. Yes, but one of the things I think has to be brought out here is the fact that because of the very few citizens you have in Alaska, you are not capable of doing these things that you talk about. Many States pay into the Federal Treasury a lot more-the citizens of the States-than they receive from the Federal Treasury. Governor HIOKEL. I agree. Mr. TUNNEY. It is those citizens in California, New York, Flor- ida, and all the other States in the Midwest that are paying more to the Federal Treasury than they are receiving, are helping to sustain Alaska's development and growth today. Governor HIOKEL. That is right. The same thing happened in Cali- fornia. Give us the same tools today that you had in the West and we will build that country. We do not get the mineral rights for the lands. When they built the railroad going out West, they got the fee simple title including the mineral rights. Give us that same thing and we will build the railroads today. We do not have the same tools YOU had a hundred years ago. You never had an income tax then. Mr. TUNNEY. What kind of per capita investment is involved? That is the basic question. Governor HICKEL. I think it is relative. A hundred years ago in California it was just as difficult as it is today in Alaska. You had to have help from the East at that time. But you were given your land. You were given the right to these mineral rights privately and you could go and do these things. We cannot do it. Mr. TUNNEY. I am not talking about the giving of the land. I am talking about the $500 million. Governor HICKEL. I am talking about the private industry a hun- dred years ago, Chairman Aspinall, compared to today. Mr. ASPINALL. Governor, we are having a Public Land Law Review Commission Study of this whole thing. I think perhaps we will be able at that time to front up this question of values better than we are at the present time. Governor HIOKEL. That is fine. I am just here to answer questions. Mr. TUNNEY. I appreciate the chairman's remarks, and I think maybe I will defer further questions until the Public Lands Law Re- view Commission comes up with its findings. Mr. Pou~ooK. Mr. Chairman, I would like to make a comment, that we have many witnesses and very little time. I am extremely concerned PAGENO="0110" ~ ~ 106 that home of our irery capable witnesses won't have an opportunity to te~tify if we do not move on faster. M~. HALEY. The gentleman makes a very good observation. Mfr. Bi~imr. Mr. Chairman, I certainly agree and I shall not get into any/argumentative situation, Governor. I want to commend ~ou on an exc~llent statement. In your statement there are a few things that I would like to have you explain just a little. On pa~ge 9 you are talking about this settlement with the Indians of Alaska. The second point is yoi;t want the land in fee to these historic villages. Would this be in fee to a tribe, or would it be in fee to individuals? ~:i~ overnor HICKEL. To a tribe, to * an area ; not to individuals. ~I\{r. BERRY. Would the tribe in turn be able to sell and dispose of this la~d? - /Governor HICKEL. I think they would develop it anyway that their c~uncil or their group management would wish them to do it. In the g~eneral concept of the historic site of the village, you could not say it ~rould be public use, but it would be for their cooperative use. . The developments in that area would be for their cooperative use. Mr. POLLOOK. If the gentleman would yield, I think a lot of this ~vill be covered in later testimony. Mr. BERRY. Very well. I have just one question about your capital investment. What is proposed i~n capital investment ; housing? Governor HIOKEL. It could be housing but basically we are talking about public works, community buildings, water sewers, things of neces- sity to be brought up to what is needed. It would be for the public benefit. It could be housing if they saw fit. We were thinking of a public works type of project. Mr. BEiutY. In this whole program your thought is that they should not be restricted to trusteeship by the Department of Interior. Governor HIOKEL. That is right. Mr. BEnny. Do you feel that they are competent to handle their own affairs? ~ Governor HIcici~L. I do. They know the area well. Mr. BERRY. I think that is all, Mr. Chairman. Mr. ASPINALL. JUSt to clear the record so we have the values, it might appear that some of us are against this bill. We are not against this bill. We want the record right. Governor HICKEL. I understand. Mr. ASPINALL. Under the Statehood Act the State of Alaska gets all the fee, service, timber, minerals, and everything else to almost one- third of the entire State. Not only that, they have 90 percent of all of the mineral values of the Federal lands going into the State of Alaska. This is not an argument, but just to see that we have these values in their proper perspective. Thank you very much. Governor HICKEL. I would like to clear up one point, if I misled you. I meant from the standpoint in those days it could be done privately and those lands could be owned privately and the private ownership could have the mineral rights and all that. That is what I meant in the development of California, unlike the development of Alaska where the State and Federal Government have to lead in this area. PAGENO="0111" 107 Mr. POLLOCK. Mr. Chairman, I would like first to compliment the Governor on his excellent statement aiid testimony. Several points occurred to me on the basis of the general discussion, and one is that while the State of Alaska was awarded something like 28 percent of the land mass of the State of Alaska for State selection, we have only been able to select about 5 billion acres and we have had a land freeze imposed upon the State and its selection now since the beginning of the year. This is one of the many problems that all of us want to get resolved. This is one of the aspects of urgency about resolving the native land claims problem. As to the comment of the distinguished chairman of the full conunit- tee earlier about the amount of money which has been paid to all claims in the lower 48 States, excluding Hawaii for the moment, I think part of the problem, Mr. Chairman, is that what we are talking about now is something the Governor alluded to, and that is the great landmass we have in Alaska. So if there is a question of taking or a question of compensation for land, we are talking about an area which comprises something like one-sixth of the entire United States. I think we are dealing in larger figures. As a consequence, we might very well get into higher mathematics. I have no further comment. I am pleased to have the Governor here. Mr. HALEY. Are there any further questions? Does any member of the professional staff have any questions ? If not, thank you very much, Governor. Governor HICKEL. Thank you, Mr. Chairman. Mr. HALEY. May I call to the attention of the members of the commit- tee, you keep talking about this land belonging to the Soviet Union, actually as you well know we bought it from the czar of all the Russians. Mr. P0LL0CK. A pertinent comment, Mr. Chairman. Mr. HALEY. So the Russians today might not want to participate in something that the czar did because they did not treat him too well. The next witnesses are the Alaska Federation of Natives. I under- stand that they want to come forward as a panel of six. Mr. Nott~, Mr. Wright, Representative Hensley, Mr. Borbridge, Mr. Groh, and Mr. Jackson. Will you gentlemen come forward? STATEMENT OF E.MIL NOTTI, PBLESIDE~T, DON WRIGHT, HON. BILL EtENSLEY, JOHN BOBBEIDGE, CLIFF `GROK, AND BARRY IAOKSON, ALASKA FEDERATION OP NATIVES Mr. HALEY. Gentlemen, just so we know who is who, will you start on my left and give your names to the reporter? Mr. JACKSON. Barry Jackson. Mr. WRIOUT. Donald Wright. Mr. Norri. Emil Notti. Mr. BORBRIDGE. John Borbridge. Mr. GROH. Cliff Groh. Mr. HENSLEY. Bill Hensley. Mr. HALEY. Do you have a spokesman for this group or do you just want to present the statement? PAGENO="0112" / 108 Mr./N0TTI. Mr. Chairman, we would like to make individual state- ments and, as the questions come, we would like to refer to the person we fe~l could give the best answer. Mr~ HALEY. You may proceed. Mr. N0TTI. With the permission of the chairman, I received a letter just few minutes ago and I was asked to read it to the committee. W th your permission, I would read it. It S addressed to the chairman and is as follows: Th Alaska native people have waited 100 years for action by the federal gov- ernm nt on their just claims. This is too long to wait. Al skans are a patient people but patience wears thin. I m pleased, therefore, and thankful that your committee, even at this late date'in the session, has agreed to conduct hearings and to receive the testimony of the ~epresentatives of the Native people. I know full well it is too late for final congressional action this year, but I know that It is a good thing to make a record and ~ that evidence received this Congress will be valuable in the next. I do wish that it were possible for me to be present to Introduce the Native lea4ers who are coming to Washington to testify before your committee. My ill- nes~, unfortunately, precludes that. I would like it also to be possible for me to participate in the hearings, for I would like to discuss with your committee the ur~ency and importance which I assign the resolution of the Native land problem. The hearings you are holding will be an important step toward solution of the N4ive land claims. They should help to define issues, identify areas of agree- mdnt, and hopefully assist in bringing about a meeting of the minds. For soon, the C$igress, the administration, the state and the Native people must resolve their di~!ferences. For soon, there must be action. i know that the people of Alaska join me in thanking you for this opportunity to come before your committee and discuss native land claims. We are indeed d~lighted that you are conducting these hearings. ~ Mr. ASPINALL. You may proceed. I Mr. Norn. My name is Emil Notti. I am president of the Alaska ~ ederation of Natives. Our organization represents all of the 49th ~tate's more than 55,000 Indian, Eskimo, and Aleut people. Some of 1*1 y colleagues here today will have special testimony to present on ~pecific subjects, and we are all, of course, available for questioning ~tnd exploring in depth any fields which the committee members may bring up. I would like to take this opportunity to express the thanks of Alaska's native people to the committee for holding these hearings. We know the press of other business that is before the Congress and appreciate that you gentlemen are concerned enough to schedule us. May the results be beneficial both to the people we represent, to our fellow Alaskans, and to the orderly development of Alaska as a major resource of people and commodities that will help shape this great Na- tion of ours. There has. been a quiet revolution going on in the 49th State since the fall of 1966. In October of 1966 we had our first statewide meeting of native people, some 300 representatives from all parts of Alaska. We are here today to acquaint you gentlemen with some of what we believe are significant details that should be considered in any final draft of legislation prepared to settle this more than 100-year-old conflict. For as you all know, the Congress has reserved unto itself the settlement of any interest that Alaska's original inhabitants might have in the lands which were acquired from Russia in 1867, and, in- cidentally, used and occupied by native people for thousands of years prior to that time. PAGENO="0113" 109 So, although you look to the executive department charged with recommending legislative proposals for your consideration, you can- not help but wonder, as we Alaskans have, and as our lower 48 brethren often have, why it has taken a century for this matter to be brought to a head. The primrose path of promises and the byways of chicanery and deceit have come up against a stone wall-the irresistible force has finally met the immovable object. Not an immovable force in that we are unwilling or unable to compromise for the good of all concerned. We have waited patiently and we have learned. Now after 100 years of frustration, and waiting with great patience, which is, as most of you with Indian constituents know, a fine art practiced by our people, we rnare ready. We are ready, to sit down with our nonnative neighbors, as we did for more than 6 months in preparing S. 2906, as we did in bringing together the many divergent and diverse groups of native people in Alaska for a common purpose and goal. We are pleased to note the Congress, in both Houses and on both sides of the political aisle, has not taken any firm position with re- spect to a final solution of the just claims of Alaska's native people. We note that Congress has on more than one occasion directed the ex- ecutive department to leave the solution to the Congress. And here it rests today, gentlemen. Here it is. As one of your former colleagues who later became a great President used to say : "The buck stops here." Your Senate colleagues came to Alaska and held hearings on those pro- posals that were before that body in February 1968. Those same Senate proposals have their House counterparts. They are : H.R. 17129, H.R. 15049, H.R. 11213, and H.R. 11164. So we now have plenty of proposals. At the Anchorage, Alaska, hearings conducted by Senator Jackson, we were able to present the testimony of many native leaders. It was significant testimony. We must apologize that, due to the costs involved and the fact that subsistence fishhig is now in progress at home, we were unable to repeat that testimony for this committee. However, we respectfully urge you and your committee staff to read the printed record. It is contained in the document entitled "Alaska Native Land Claims"-hearings before the Senate Committee on Interior and In- sular Affairs on S. ~9O6 and S. 1964, 5. 2690, and S. 2020, related bills. The hearings were held on February 8, 9, and 10, 1968, at Anchorage. You might well ask : What objections do Alaska's native people have to the administration proposals at this time ? First of all let me say that basically we are of the position that (1) 40 million acres of land is not unreasonable nor is it unjustifiable and (2) $500 million as compensa- tion is not excessive for reasons that I will now point out. As you will see from Mr. Wright's presentation, this acreage is spread out over an area comparable to 19 of our eastern seaboard States and nearly five of our Middle Western States. Our population, native population that is, is estimated at some 53,- 000 by the Interior Department. We believe, based on the results of the present roll-taking for the Tlingi:t-Haidas, that the actual native population of Alaska, both resident within and without the State-and remember all Alaskan natives will be eligible for sharing in any settle- ment-is closer to 65,000. On a per capita basis that breaks down to 98-181 O-68----8 PAGENO="0114" 110 aboi4t 600 acre~s per man, woman,'and child, and remember where the vastlmajority of that acreage is located. D~ducting the Federal reserves of all kinds, the lands already se- lect4d by the State and the land occupied by existing cities, towns, and vi1l~ges, the Alaska native land interest is concentrated in a highly re- striSted area. And it isn't primeland at that. Couple this with the fact that in effect we are asking a blanket settlement, to coin a phrase, to end protests and litigation, we feel that is a reasonable amount of land on which to continue our already. meager existence. iii: owever, we must have funds for economic reasons that are all too apparent. They need not be discussed in detail i~i my presentation. This as~ect will be covered in later testimony. With respect to payment for lands I wish to make the following po~ts. ~fhe recent Court of Claims decision established the value of lands taJ~en in southeastern Alaska at somewhere in the vicinity of 43 cents p~r acre. That land was taken considerably after the Treaty of Cession w~ith Russia which the administration desires to use. We do not see the justice of this decision, nor the reasoning that went into it. However, b~ that as it may, the least that can be said is that would be the rock- 1:~o ttom price for Alaska's remaining lands. I Some time ago, following Mr. TJdall's latest proposal for settlement, tlh e natives of Alaska offered to purchase the remaining lands at the price so established. We were not being facetious in our offer ; we were 41 eaclly serious. I But we realize that a realistic value must be placed on the lands. The wealth underneath those lands is not known and it may not be ~ nown for many years to come. There have been some indications from recent explorations and discoveries of what some of those lands may yield with proper development, but the actual wealth can only be estimated. Perhaps we are, as some of our own critics have said, selling ` short, but we also realize that others have the knowledge and equip- ment with which to develop these lands more adequately than we can. That is not to say that we can't or couldn't do what others do-hire the expertise-but the fact remains that we are not now in a position to pursue this avenue. We are, however, in a position to protect our future ~ generations by acquirir~g a reasonable share of our lands through this settlement. And we believe that a more li:beral land value can be estab- hshed. For example, it has been suggested that since the Department of the Interior is apparently immovable on the date of taking as 1867 we might possibly agree to that date. And we would be making a tre- mendous concession. If we move to that position, then it is reasonable to expect that Interior and the administration could agree that the open and unclaimed lands of the United States in 1867 were being sold every day for between $1 and $1.25 per acre. In fact they were. It is not difficult to multiply the higher figure and see that the 365 million acres we are talking about come to a valuation of some $456,- 250,000. Not very far from our $500 million figure. The difference is interest over the past 100 years. This, we believe, is another negotiable matter. You will note that there are only 175 native communities in the State of Alaska. Those are communities wherein more than 25 people are permanent residents and more than half of those are native people. PAGENO="0115" 111 The proposal that up to 50,000 acres be granted each village only amounts ~ to some 8,750,000 acres, a mere pittance compared to the :. remainder of the land that will benefit not only Alaskans but others in our great Nation as well. For the products of these lands will, as they already have done, contribute much to our abundant gross na- tional product. And remember, we haven't even mentioned the re- sources to be extracted from the sea that surrounds us. So our positioii is not extreme. Nor are our requests unreasonable. They have been misinterpreted, misunderstood, and misrepresented, usually by special-interest groups that are not even Alaskan-based. One additional objection that is a major one as far as the native people are concerned is the matter of the proposed Alaska Native Commission and the continuing trusteeship by the Interior Depart- ment, especially if it is assigned to the Bureau of Indian Affairs. We oppose unqualifiedly any efforts to create another bureaucracy, with the Department to administer, oversee, or effect judgments concerning Alask&s native people. A Presidential autonomous commission report- mg directly to that Office or an independent agency reporting to the Congress would be far more acceptable. We would hope that the Con- gress consents to having the commission weighted favorably to Alaskans and predominantly native in membership. Operational head- quarters, we urge, should be located in Alaska. The proposed trusteeship that the Department of Interior wishes to continue-under what principle we do not know, except perhaps that they have failed in their other trusteeships in the lower 48 and wish to continue Alaskan natives in the same vein-may have its points. However, they are not clear at this point in time. We feel there are existing institutions that can carry this responsibility far better than the Department of the Interior. Our concept of statewide regional corporations acting on behalf of their native membership can more than adequately fill this role. Perhaps some of the th~ngs we propose are daring. Perhaps they haven't been tried before or, at best, if tried, they were doomed to failure because of the inattention of those responsible for their man- agement. But these are new approaches and these are new times and the time for bold new approaches is now. We can only say that the Congress must face this issue this session. One additional bill, S. 3586, H~R. 17128, has been introduced by the administration. We see little difference between it and the first administration proposal in S. 19f~4. As a matter of fact, it was S. 1964 and the resulting furor it created that caused Mr. TJdall to make his famous flying trip to Alaska in November 1967. It was at the urging of Mr. Udall, as the record will show, that Alaska's State administra- tion formed the Native Land Claims Task Force. To this group fell the task of obtaining agreement between basic native and State issues. It was also to this group that Mr. tTdall appointed a personal repre- sentative. It cannot be said, at this point in time5 that the executive didn't know what was going on or what was being proposed. We believe that two additional menThers of that task force should have been invited to sit in-the chairmen of the House and Senate Committees on Interior and Insular Affairs, or at the very least their designated representatives. Perhaps we wouldn't be here today justify- ing our need for equity had that been done, for we and the State were PAGENO="0116" 112 1ed~ to believe that agreement between the native people and the State wa~ essential before any proceedings could move ahead and that this agreement between the nat~ive people and the State would ease the m~tter of obtaining appropriate legislation during the present session of! Congress. Wouldn't you have believed the same thing and acted ur~der the same circumstances ~ That's exactly what we did do and the results were incorporated in S. ~O6. The Senate committee hearings followed. You have the record of those proceedings before you. You gentlemen are also conducting your o%vn inquiry into the matter. We do not object to the procedural mat- t~rs. We understand the necessity. We appreciate your efforts on our b~half. What we are unable to comprehend-and the State of Alaska c~ oes not comprehend, nor does its legislature, or the rest of its citi- z~ns-is that we have now come full cycle once again and are, as the l~ind surveyors say, back to the point of beginning. ~ Alaska's native people do not ask for the moon. We have taken a ~easonable and completely justifiable position. Our native people ask only that you gentlemen of the Congress now take up our struggle and reach, in your judgment, the most reasonable, equitable, and just set- tlement you find possible under the circumstances. We do not look with any favor on long litigation through the courts. But we are prepared to take that step if it is necessary. We, as do your many thousands of constituents, believe that you have the wisdom and belief in justice that can erase this problem once and for all. That is all that we ask. Now, for the benefit of the committee I would like to introduce our other witnesses. Each has prepared testimony covering certain phases of our presentation. We shall be as brief as possible and, of course, will be available for questions as the committee desires. Our attorneys, Mr. Clifford Groh and Mr. Barry Jackson, will pre- sent the legal background arguments. Mr. Donald Wright, president of the Cook Inlet Native Association, has a presentation that will bring into perspective the land compari- sons which you will find interesting. You know, in Alaska, when we talk about 40 million acres, and then you gentlemen relate that to the same amount of land in your home State, it seems like a lot to give up. But when you see it laid out on a comparative map, then the reasonable- ness and soundness of 40 million acres becomes plain. Mr. John Borbridge, Jr., president of the Central Council of the Tlingit and Haida Indians of Alaska, will present testimony concern- ing the foundation of native land rights. Mr. Flore Lekanof will cover the field of education. We know this cannot be done in the brief span of `time of these hearings. But he will bring out some new points that we who are products of the present educational system have experienced. . Mr. Willie }]Iensley is a member of the State legislature and a recog- mzed Eskimo leader. He will present the rura' Alaska picture to the committee. For your information also, Mr. Hensley is president of the Alaska Village Electric Cooperative, which is bringing light to some 67 native villages in Alaska. Again, let me say on behalf of Alaska~s native people that we sin- cerely appreciate the opportunity to present our case to the committee. Thank you. I think our next witness would be Mr. Donald Wright. PAGENO="0117" 113 STATEMENT OP DONALD R. WRIGHT, FIRST VICE PRESIDEI~IT OP ALASKA FEDERATION OP NATIVES Mr. WRIGHT. Mr. Chairman, in connection with my testimony, I have a series of maps with various overlays that are self-explanatory. With your permission, I would like to bring the map stand over and present those. Mr. HALEY. Very well. Mr. WRIGHT. I have a prepared statement that is before you, and I will use this ~ts a guide as I go through my- testimony. To begin with, I want to point out the State of Alaska and the significanoe of the mountainous terrain in certain areas, this is a large mountain . range and a large mountain range here, and the Alaskan Range going down to the Alaskan Peninsula in the Aleutian Island area. The north slope is permafrost barren type of country. Western Alaska is swampy, permafrost country also. On this overlay each village that is in existence today is noted there. The square around the village designates 500 acres of land per person residing in those villages today. You can see where the native popula~ tion is. It is on the north coast, southwestern Alaska, along the coast lines, along the river drainages. With that we will go to these other overlays. This map shows the Federal withdrawal up through 1964. Petroleum reserve in northern Alaska~ wildlife refuge, the military withdrawals, McKinley National Park, another national park here, and all of southern Alaska forest is withdrawn ; and the part of south central, around Anchorage, is for- . est reserve. The rest is game preserves and wildlife refuges. Again you . can see where the population is, with each village named on the map. These very small dots that you see would be the amount `of land that was proposed by Secretary Tldall. It is very insignificant. The areas of Alaska that the native people reside in, the biggest population concentration, is in relatively poor land. The ~iithdrawn areas are valuable land. The people are entitled certainly to land around their villages. This overlay shows the State-selected land. The State has selected primarily the land around what we call the rail belt area. The Alaska Railroad runs from Anchorage to Fairbanks, Alaska. The highway runs in the same general direction. The State for all practical purposes has selected most of its lands within the rail belt area. They have selected some between the reserves up here and leased it out as oil leases. They have taken what little land they could from outside of Federal reserves. Remember that the native people of Alaska have no land-they have title `to no land at all-anywhere in Alaska, under the present status. Once again the red-shaded areas on this map are the areas that we are requesting Congress to grant title to the native villages. The black dots represent other populated areas in Alaska. As you can see, the rail belt area and the highway' system is highly populated and-the southern area is. These maps were drawn based on a survey done by the Federal Field Committee in cooperation with the Bureau of Indian Affairs. So the population's may not be quite ac- curate. These red areas represen't 202 villages. In addition to that there are native people residing in some of the larger communities in the urban areas of the bigger cities amounting to about 25. At one time PAGENO="0118" 114 I / / gener- there were over 500 villages scattered farther apart because the people lived off subsistence-hunting, fishing, and so on and so forth. They m~ved into these larger areas because of economics and because of an attempt to change from a subsistence type of living to a wage econ- or~1y and attempt to get an education. So they moved into areas a little m~re concentrated. I Mr. EDMONDSON. For identification purposes, may I ask a question here : Are these red areas you designated without exception outside of the areas that have been withdrawn by both the Federal and State ~overnments? Mr. WRIGHT. No. Mr. EDMONDSON. Do they include some withdrawn areas? I Mr. WRIGHT. They include some withdrawn areas. I will go * lly into some of the natural resources of Alaska first. I This overlay shows known locatable base nonmetallic minerals. The ~ther lighter shaded areas show oil-gas potential. The known gas ~1elds are the solid circles. You can see that the native population by and large is in some of thesefairly good areas for minerals, but there is a vast amount of this mountainous country that the native people do not actually live in which has some miueral wealth. In southeast Alaska the same way This map in the shaded . areas shows critical big-game areas : goat, sheep, black bear, brown bear, moose. You can see the locations relative to the villages of the big-game anim~ds. You can s~ where our population from a subsistence stand- point for big-game animals is located. You can see the areas of use and occupancy because they followed the game and utilized it. This map shows the areas of our water fowl-the resting areas, nesting areas, and so on. Again you can see our great concentration of population, if you understand part went for big game `and part for other types of game. This `also shows the patterns of cold-water fish. Again you can see from a subsistence standpoint the reason why the people are spread fairly even over the whole of Alaska on a subsistence economy type basis. Mr. EDMONDSON. Which are the fish indicator colors? Mr. WRIOHT. The fish are in the light-green areas, and all the green lines are actual fishing streams. This map shows you the forest area, the commercial timber in Alaska. Roughly, in the Yukon River drainages, there is an estimated $800 billion board feet of usable timber. On a sustaining basis this wealth can continue. In southeast Alaska, where the Court of Claims recently awarded the Tlingit-Haidas 43 cents an acre, there is an estimated 100 billion board feet of hemlock and Sitka spruce, and other species of commercial timber. That stumpage value would be into the hundreds of millions of dollars. Again, on a sustaining-yield basis, it is perpetual. When they made an award of 43 cents an acre, it is rather unfair. The true value of this particular land is in the neighborhood of $110 an acre as a base price as it is for the timber alone. Once more I will point out the Federal withdrawn areas, on this map. The Federal reserves are in blue. We ~re asking in our bill for enough land to bring us through a transition of a subsistence4ype living to a wage-economy type of liv- PAGENO="0119" 115 ing. In order to do that and maintain our villages, we need land from * those withdrawn areas. At the time that these areas were withdrawn, obviously the people that did it did not realize that the native people actually lived there and certainly should be entitled to a land base. I think, if they had thought of it, they would have reserved excluding a reasonable amount of land for the native people. Mr. EDMONDSON. Are access and use being permitted on those with- drawn areas? Mr. WRIGHT. They have surface rights. The problem is that without a land base and without investment money they cannot develop. As a result many of them are on welfare rolls and many are attempting to make a living ; but there is no real way for them to do that. They need a reasonable amount of money. In Alaska the housing in some of these areas, especially in this particular area here, is tarpaper shacks, scrap lumber, with no water, no sewer. Do any of you gentlemen have any questions in regard to this map display? Mr. HALEY. Let us continue with the testimony of the other members and then we will come back to that. Mr. WRIGHT. Yes, sir. Mr. HALEY. Does that complete your statement, sir? Mr. WRIGHT. Yes. I think we can continue and, if there are questions, we will attempt to answer them. (The statement fôltows:) STATEMENT OF DONALD R. WRIGHT My name is Donald R. Wright. I am First Vice President of the Alaska Fed- eration of Natives. I am also President of the Cook Inlet Native Association. My purpose here today is to present testimony concerning the status of the lands in Alaska from the Native viewpoint. Another purpose Is to bring to you gentle- men an overview and comparison of the lands, villages, and population In Alaska. I have here for the Committee's information various maps and overlays that will aid in furthering your understanding of the land question. My first map illustrates the distribution of Na:tive villages and population as they exist today. This map was prepared from information developed by the Federal Field Committee for development planning in Alaska in cooperation with the Bureau of Indian Affairs. It shows the estimated land area in and around each village based on a grant of 500 acres for each person residing in those villages t*oday. It does not include an allocation of lands for the urban Native who at one time or or another resided in these villages or those that have teen extinguished for one reason or another. However, these Native people must be included. Although the Field Committee study now shows only 178 Native villages, there were at one time more than 500 vIllages. Movement of Native population to cen- ters of trade and commerce and employment and limited educational opportu- nities account for the decimation of the village structure. The first overlay shows all Federal withdrawals up to July 1964. You note that the reasons for the ~ withdrawals appear to be economic in character and they did not bring any direct benefit to the Native people. As a matter of fact, in all instances, they were made without consulting the abOriginal inhabitants. The total wealth extracted from and as a result of these withdrawals is well clocu- mented. For example, it is estimated that more than six billion dollars in fish, furs, and minerals have been extracted from Alaska since 18E~7. The estimated timber potential In withdrawn forest reserves in Southeastern Alaska alone will exceed 100 billion board feet. The timber potential on the river drainages will exceed 800 million board feet. The coal and oil reserves have not been fully explored but all indications are that these two minerals alone will return hun- dreds of billions of dollars when fully developed. Potential hydroelectric sites explored to date exceed 68 in number with a prime power potential of 13 million kilowatts. PAGENO="0120" I 116 ,]:~ he next overlay shows the land selections made by the State of Alaska since statehood, including lands tentatively selected and for which patent has not been iss*ed. Note that these selections are mostly contiguous to the Federally with- dr4wn areas, follow the present transportation routes and population concen- tra~ions. It is significant to note that neither the Native people nor the State of Alaska have been able to make any dent in the Federally withdrawn areas, es~pecially in Southeastern Alaska. ~`or example, the Federally withdrawn areas on the Kenai Peninsula, Alaska Peninsula, Kodiak Island, Southeastern generally, Bering Sea, North Slope, and A1~utian Chain have effectively worked to bar economic development because p ivate risk capital is prevented from entering these areas. This has also denied a y land base to Alaskan Native villages located in these areas and prohibited 5: ate selection as welL An evaluation of the rural Alaskan areas In abject poverty today can be traced t cumulative deterioration of the normal subsistence economy and Federal r ~ quirements prevented the Native people from making the transition from sub- sstence to cash economy. In general, the remaining lands outside Federal or State withdrawn areas are mountainous, glacial, and barren tundra and have 110 known resource for the people. The only potential we can see at this time is for development of mineral exploration which as you know is highly expensive ~nd difficult. We also have overlays showing timber locations by species, game animals, fish- ries resource, and lode and placer minerals. These are all self explanatory and re provided for the Committees use and information. We have prepared for the Committees benefit a map showing the comparison f land distribution using Secretary Udall's proposal, as outlined in H.R. 17129. . Cu will note that based on his formula there would be no significant land base rom which villages could develop an econoniic base. We believe that the villages of Alaska have Native leadership capable of managing and developing on a regional basis and at the local level. In order to accomplish this goal we believe that a minimum of 40 million acres of land is necessary to provide the economic and land base for both rural and urban Native people. In order to develop the lands we are seeking for the benefit of our Native people, sufficient funds need to be provided. For example, we note that since statehood, the oil industry `alone has expended 1.3 billion dollars in overall industry develop- ment. In 1967 alone, the oil companies invested more than 380 million dollars, with allied industries investing nearly 77 million dollars. That's for one resource. We believe that 500 million for village and regional development, an invest- moot by the Oongress, is not asking too much. Not when one considers that the basic i'nvestmen~ is being made in people-~a commodity we can ill-afford to treat in the future `as badiy as we have in the past. Mr. HALEY. Who is next? Mr. Norri. Representative Willie Hensley. Mr HENSLEY. I have some copies of my statement here. Mr. HALEY. Without objection, all of these gentlemen will be per- mitted to file a written report `or written statement which will be made a part of the record and you may comment or you may read the report. Mr. HENSLEY. Mr. `Chairman, my stistement is rather short and with your permission I will read it. Mr. HALEY. Very well. STATEIVILNT OF EON. WILLIE ILENSLEY, `A REPRESE}ITATIVE IN THE ALASKA LEGISLATURE PROM THE 17TH DISTRICT, KOTZE- BUE, ALASKA Mr. HENSLEY. ~Mr. Chairman, members of the committee, I am Rep- resentative Willie Hensley from Kotzebue, Alaska. I represent the 17th district in the Alaska Legislature-an area of approximately 90,000 square miles `containing about 10,000 people. Two of the largest Eskimo villages are in my district-Kotzebue and Barrow-each with about 2,000 people. I am also chairman of the 40-member Land Claims PAGENO="0121" 117 Task Force that was created by the Governor last year, and a recently appointed member of the National Council on Indian Opportunity whic~h President Johnson established and the Vice President chairs. I am submitting for the record a copy of a report by the Governor's Task Force on Native Land Claims. This report was drafted following lengthy work sessions `by a tripartite group consisting of the natives of Alaska, the State, and Interior Department officials. We attempted to seek a `solution acceptthle to the major parties concerned in the sett1~- ment of the Alaska land issue. This is my first appearance before this subcommittee, and I doubt that this committee has ever before considered legislation concerning the land claims of the Alaska Eskimos, Indians, and Aleuts on a statewide basis. You have undoubtedly seen and heard many delega- tions of Indian tribal groups from the lower 48, but we want to make clear that the situation with the Alaska natives is quite unlike that of recognized tribal entities you are accustomed to dealing with. 1. Alaska natives are not recognized as a single tribe by Congress or the Interior Department. 2. We have only recently organized regional associations and a statewide federation. These associations grew as a result of the land issue and a desire by the native people to improve their economic and social condition, but these organizations are not recognized in law. 3. Only a very small percentage of Alaska's natives reside on few reservations. 4. The major Alaska native groups, the Eskimo, Indian, and Aleut, are culturally and linguistically distinct. But we all basically agree on the major objectives in the land settlement. You may wonder-during the course of the testimony-why you hear so much about the social and economic conditions of the Eskimo, Indian, and Aleuts. We feel that a settlement of the land issue is a major part of the problems we face and, as soon as this problem is generously disposed of, we can begin concentration on educational and economic improvement of the 53,000 Alaska natives residing in Alaska. Here, in a nutshell, is a picture of the Alaska Eskimo, Indian, and Aleut. One-fifth, or 53,000, of Alaska's population is native. We live in scattered villages throughout Alaska's 586,400 square miles. Seventy percent of the native population live in 178 villages. We have a sub- sisting economy of hunting and fishing, supplemented by cash incomes earned on various jobs during the short summer season. Seven out of 10 adult natives have only an elementary education. We have a rapid rate of increase-29 per 1,000 annually-which is twice that of the United States. The median native age is 16.3, and 80 percent are less than 35 years of age~ The median family size is 5.3. One-half of the native work force of 16,000 to 17,000 is jobless most of the year. The accrued death rate is twice that of white Alaskans, 9.6 deaths per 1,000. The cost of goods in the remote parts of Alaska is `74 percent above Seattle costs. Most Alaska native families earn less than $2,000 annually. The picture is bleak, and there is a definite trend indicating that things are not improving. I am fearful that the future of Alaska's natives will be a frustrating and hopeless one, if Alaska continues to PAGENO="0122" 118 bxjm from development on land that is still in Indian title and no bei~efits accrue to the native groups. ~hus, we feel that Congress has a perfect opportunity to grant to th~ Eskimos, Indians, and Aleuts of Alaska suffici~nt land for develop- m~nt and use, and compensation for the lands not retained. This will afl~ord us an opportunity to lift ourselves from a century of neglect by th~ Federal Government, which prides itself on its record of aboriginal pi~otection. I, personally, feel that there are several interrelated goals you must k ep in mind in the consideration of the Alaska land bills before you: 1. The dissolution of the Bureau of Indian Affairs in Alaska over a p nod of time, and the assumption of these responsibilities by the na- I; ye groups-this is contingent on a generous settlement. 2. The maximizing of native control over their finances and resources i~nd diminution of the Secretary of Interior's power over natives. 3. The creation of a program of native leadership development in education, `business, and politics. This subcommittee should know that this land issue has been kept tinder the rug since Alaska's purchase from Russia in 1861. By a su- ~reme effort of organization, the Eskimos, Indians, and Aleuts of Alaska brought the issue to the forefront, and we now lay it before you for consideration and action next session. The task force which I chaired recognizes certain basic objectives ~ in a land settlement: 1. We feel that lengthy litigation should be prevented in the courts. The entire State will suffer if compensation for land takings is not soon paid `to the native groups. 2. The task force desires a simplification of the administrative process. The powers of the Secretary of the Interior should be limited and controls over land, if necessary, be located in Alaska with native representation. 3. We feel that the benefits of the land settlement should be spread broadly among the natives, but the concept of private property be pre- served. 4. Surface use of land must be assured, as we will not revert to a cash economy overnight. In closing, I make a final pl~a-I want this subcommittee to aid the Alaska Eskimos, Indians, and Aleuts, to help us to build our own future. We want eventually to become free citizens without a Bureau to protect us. At this stage, we feel the freeze established by the Secre- tary of Interior is necessary, though it is to a degree a belated effort to aid us. In itself, it is not enough, but it is presently protecting our use and occupancy until Congress acts. We feel that our demands are reasonable and we are now taking the established route of seeking a solution to Alaska's biggest problem. Most Alaskans generally recog- nize our present Indian title to most of Alaska, and we call on you to translate this impasse into legislation which will allow us to build a State free from vast gaps in economic conditions between native and white. The future of Alaska will be indeed dark if the situation is al- lowed to persist. (The attachment follows:) / / PAGENO="0123" 119 PROPOSAL FOE SETTLEMENT OF THE ALASKA NATIVE LAND CLAIMS A REPORT OF THE GOVEBNOB'S TASK FORCE ON NATIVE LAND CLAIMS, JUNEAU, JANUARY 10-16, 1968 Hon. WALTER ;r. HICKEL, . Governor of Alo~8ka: Your Pask Force proposes a four part settlement of the Native land claim question, consisting of- (a) A grant of 40 million acres of land in fee, or in trust, to village groups (compared to the 1O~ million acres given the State of Alaska under the Statehood Act, or the much larger area encompassed in the Native claims) allocated among the villages in proportion to the number of persons on their rolls. ( b ) A grant of a 10% royalty interest in outer continental shelf revenues, along the lines proposed by Secretary Udall, in lieu of the right to compen- sation for lands reserved or disposed of to third parties, with an immediate advance payment of $20,000,000 by the Federal Government. (c) A grant by the State of a 5% royalty interest in state selected lands, tidelands, and submerged lands, but excluding current revenue sources from the state lands (in order to avoid direct impact on the general fund) and commencing only upon lifting the land freeze and resumption of state selee- tion. (d) A terminable license to ust~ the surface of lands under occupancy and used by Natives. Principal objectives of the Task Force in developing our proposal include the avoidance of courts and litigation, the simplification of the administrative process, the early accomplishment of the settlement, the grant of present property in- terests, the avoidance of state and federal control, the need to avoid "freezing the villages in history", the spreading of the benefits from royalties widely, but recognizing private property concepts, and utilizing modern corporate forms for engaging in business enterprises ~by Native groups. For convenience, the four parts will be called (a) township land grants, (ii) offshore royalties, (c) state-granted royalties, and (d) surface rights. The details of the proposal, as worked out by the Task Force, are as follows: Township Za4vd grant8 1. Each village (of 25 persons or more) may select land from within the claim area (or area in which it has aboriginal occupancy) . The amount of land is determined by the number of Natives on the village roll. 2. The selection process would be similar to that provided the state in the Statehood Act, and the time to select would be 25 years. 3. In order to accelerate the selection, the Secretary Is to take a temporary roll, including on the roll those residents in the village and others who can be quickly included, such as those resident in other towns and cities. The. roll should be as complete as possible, given the limited time it will be open for enrollment. Upon completion of the temporary roll the village makes its initial selection, which shall be given priority against any state selection not patented or tenta- tively approved, in the reserved . area. As to patented or temporarily approved lands, an exchange of lands procedure should be provided for. The state is then free to select any other land in the reserved area. Upon completion of the permanent roll the village may select additional land for the net additions to its roll (or may reconvey some of its selection to the United States in the event the permanent roll totals less than the temporary roll). In order to provide for early lifting of the land freeze, the villages will nomi- nate areas for preferential selection, based upon their estimated entitlement, and these areas will be withdrawn )y the Secretary of the Interior. The areas withdrawn shall not exceed 40 million acres. The "land freeze" is then lifted as to other areas in the state, within six months of the passage of the Federal Act. Your Task Force favors the continuation of the land freeze at this time, but we recognize the public interest in early resumption of state selections. We have spent many hours attempting to reconcile the opposing positions in a manner that would be fair to all. We have been unable to work out `a method that could result In freeze lifting before the passage of the Federal Act, `but we remain prepared to consider any such possible method. We have requested the Interior Department and your Attorney General to review this problem in hopes of working out a solu- PAGENO="0124" I 120 tior~ which would provide a lifting of the freeze even earlier than we here pro- pose, which is ~lx months after the adoption of the Federal Act. 4~ If there are not sufficient lands in the claim area for selection, the village shall be entitled to in lieu selection, subject to the priority right of each village to to~nship selection under its temporary roll. Because such lands will be selected pri~narily for economic value, any revenues from in lieu lands will be su~bject to a 4,ne-sixth (i1~3) royalty to the local village an a one-sixth ( `/0 ) royalty for tb~ statewide Native corporation. ~. Village township lands shall not be subject to taxation as long as the land is oWned by the incorporated tribal group, but revenues from the land will ~ tax- ab~Ie, and the corporation may make "in lieu of tax" payments to local govern m~nts. Private interests in these lands, such as leaseholds, will be taxable to the pi~ivate owner. 6. In order to facilitate future development, the village-as-a-municipal-cOrPO- ration shall be separated from the ~ Among the differences between these concepts are the following : Whites may become r$ident members of the municipality ; residence is not required for membership i1~ the corporation ; corporation membership in the course of time is to be trans~- lifted into stock in a )rnsiness corporation under Alaska law. A membership i~iterest will be represented by 1~X~ shares of stock which are not alienable by t~ie first holder, except at death, and successor holders must be descendants of t~Tose on the original roll until 100 years have elapsed, when the shares shall be 1~reely aliena,ble, subject to any "close corporation" provisions in the articles and l~y-laws. 7. To avoid Inflation of the rolls, a Native must be one-quarter blood to be ~nrolled. However, subject to a one-sixteenth statutory minimum, a corporation ~nay extend benefits to those of lesser blood quanta. 8. The village shall have the option of whether to receive the grant in fee or In trust. If In trust, the village may choose the Secretary of the Interior as trustee, or subject to his concurrence in the appointment, may appoint any other person, including a regional or statewide Native corporation as trustee. 9. The village township land grant shall include all mineral rights. 10. The corporation, subject to limitation, may grant lands in fee to mem- bers, such as townslte lots, or to the local municipal corporation. 11. The village may elect to vest title to its lands in a regional corporation, either as trustee, or if all other member villages of the regional corporation do so, then in fee. The regional corporation may make the selection of landa In this case the regional corporation may exercise the right to nominate and exercise ~ preferential selection rights throughout the region. (Each village separately ~ would otherwise be limited to its Native claim area.) 12. The village is encouraged to contract with the Alaska State Division of Lands for land management, with the village to retain policy control. The Division now has contracts with several boroughs for the management of bor- ough lands. * 13. Because many villages are on or are surrounded by reservations and with- drawn lands, the federal law must provide an effective means of obtaining some of these lands for township selection. Specifically, up to 100,000 acres of forest lands should be made available, subject to the approval of the Secretary of Agriculture. Also, villages should have a priority right of selection when reserva- tions and withdrawals are canceled. 14. Villages on Indian reservations will obtain title to reservation lands, and the reservations will be terminated. 15. Native township grant lands will be considered federal lands for the pur- pose of allocating federal highway funds until such lands are in private owner- ship and are taxable. 16. ExIsting occupants of township grant lands will have preference rights in acquiring title thereto. Offshore roijalties 1. The offshore royalty program as suggested by Secretary Udall Is acceptable as a part of an over-all settlement. 2. This program, as redrafted by your Task Force, includes: (a) A ten percent (10%) royalty as a present property interest for not less than twenty-five (25) years. I I PAGENO="0125" 121 (b) The royalty will be distributed in proportion to the final rolls, to three classes of recipients. . (1) All villages (corporations), 75%. (2) All regional corporations, 20%. (3) A statewide Native corporation, 5%. (C) The United States is committed to develop the outer continental shelf. 3. The royalty should not be used for per capita distribution in cash, but should be available for family plan distribution, scholarships and other direct benefit to members until the corporation or regional corporation beconies a pure business corporation. There should be a limit on such distributions to avoid dissipation of the assets of the corporation. 4. The royalty shall not be a substitute for state or federal government pro- grams now in being. 5. If Congress fails to enact the offshore royalty program, then a substitute will be provided, such as a program of compensation for lands. reserved or dis- posed of to third persons. If possible, such a substitute program should not involve a claims procedure in the Indian Claims Commission or the Court of Claims. However, if there is no other acceptable alternative, the following guidelines have been suggested: (a) File in the Court of Claims. (b) 13~ach group may file its own claim. (c) l~)ach group may retain its own counseL (d) Valuation for compensation shall be determined by the times of taking, not 1807. 2 (e) As to reserved and withdrawn lands, the United States may release such areas within six months after filing of the claims case. If it does. not do so, that shall be the date of taking. 6. As to the offshore royalty, $20,000,000 shall be provided by appropriation as in advance on royalties, to be repaid without interest from one-half of the actual royalties. 7. In computing the 25 year term, the following years are excluded: (a) Any year in which no moneys are received. (b) Any year in which less than $1,000,000 is received. (c) Any year in which a portion of the proceeds goes to repay the advance royalty. The effect of these exclusions is to guarantee receipt of at least $65,000,000, assuming there are revenues. 8. The royalty continues after 25 years, until modified or terminated by~ Congress. 1~1tate-granted royalties 1. The grant of royalties by the state to the Natives shall be by act of the Alaska Legislature granting a present property right in perpetuity. 2. The state act shall includethe following: (a) Paragraphs 3-4 under "Offshore Royalties" are applicable to this program also. (b) The royalty shall include all proceeds received by the state from leases or other contracts on state selected lands executed after the effective date of the act, which would therefore exclude revenues from existing lease~ holds and contracts and from lands finally disposed of to third parties before that date. (0) The royalty rate shall be 5%. (d) The royalty shall be distributed in the same manner as the outer con- tinental shelf royalties. (0) The royalty shall extend to tide and submerged lands granted the state in the Statehood Act. (1) The royalty does not extend to proceeds received by the state from federal leases, e.g., the 90% share received under the Statehood Act. $urface rights 2 1. The existence of Native use and occupancy of lands should be~ recognized and may continue. 2. The surface uSe provisions of Secretary Udall's bill should be adapted to our proposal. The period should be lengthened to 100 years. 3. The right of surface use shall be terminable by act of the executive. 4. On the question of compensation for termination of surface rights, because of the desire to avoid litigation, compensation will not be necessary if a satis- factory overall settlement is reached. I PAGENO="0126" / 122 Mis~~eflaneous 1. The Alaska Native Claims Commission, as proposed by Secretary Udall's bill and by Mtorney General Boyko, can be adapted to the settlement proposed as ~ollows: (a) It would be called the Alaska Native Com.m~ssion. (b) Established by Federal Act, it would settle overlapping claims for ~ such purposes as determining Which village is entitled to select township lands In the disputed area. The Commission would be given )urlsdlction to hear other similar disputes. (c) The Commission would be an advisor to the Governor on the utiliza- tion of state lands subject to state royalty and could be an advisor to the Secretary of the Interior as to utilization of the outer continental shelf. (d) After each village makes its initial selection the Commlseion might be given the duty of determining what areas are thereby opened to state selection. (e) The Commission would not be given the power to manage `the property or property ri~hts granted to the villages, regional corporations or the state- wide corporation. The Commission would not have the power of selection. If there is compensation (instead of an offshore royalty) the C~mmission would not hear these cases as this appears to add a cumbersome and time- consuming additional step in the litigation. (f) The Commission would be given limited rights of approval or veto power over the several classes of corporation's, for limited periods of time. (U) The Commtssion would meet in Alaska. ( Ii,) The Governor and statewide Native groups may suggest persons for memiership on the Commission. (0 The state could vest certain powers in the 43om.miisslon. (I) The Commission would consist of seven members, appointed by Presi- dent, with the advice and consent of the Senate, all of whom would `be Alaskan's of five years residence, and a majority of whom would be Natives. 2. CertaIn Alaska cases `are pending before the Indian Claims Commiseton and one case is before the Court of Claims. Our recommendations concerning these are: Any claimant in court or before the Indian Claims Commission should have the option of withdrawing its claim and participating in the settlement. If the claimant chooses to proceed wIth its claim there `is strong sentiment that the claimant should nevertheless have full benefits under the settlement. However, any judgment proceeds received would be deducted from the outer continental shelf revenues which the claimant would otherwise receive. 3. The question of whether a person may be enrolled on the rolls of more than one village was raised and it was decided that each Native may choose "his village" but may be enrolled only once. 4. The Metl.ahkatla Indian's are excluded from any `benefits. 5. The enrollment of the ui~ban Native would be upon the rolls of "his" village. 6. Generally, it appears desirable to strengthen the regional associations (re- glonal corporations) as `better and more effective leadership may be available at this level. Merger of villages into the regional corporation will be provided for. No more than 20 regional corporations will be allowed, which will cover all of Alaska, except the Annette Island Reservation. 7. Generally, the Native cOrporations will `be organized under the Alaska Business Corporations Act, modified to meet `the peculiar nature of these corpe- rations, but anticipating gradual conversion into an ordinary business corporation. However, local corporations mar, if they desire, organize or continue to op- erate as corporations under the Indian Reorganization Act. Many such corpora- tions already exist in Alaska, and some village groups undoubtedly would prefer to remain in that `business status. CONCLUSION We have devoted many days of serious effort to this project. Many ideas and possible solutions have been deliberated. The above program represents our best judgment in reconciling the numerous needs and interests which must be accom- modated in any adequate solution to the problem. At all times we have endeavored to find solutions which are compatible with the needs of the federal and state governments, as well as the Natives of Alaska. PAGENO="0127" . 123 We are aware of the responsibility placed upon us. ~ We feel that there is now a sound legislative format which can lead us safely out of the grave difficulties presented by the Native land claims problem. We want to thank you for your concern an~1 foresight in setting up this Task Force, so that we could participate directly in the process of policy making on a subject which affects the life of every Alaska Native. There has been failure in the past to recognize that the situation of the Alaska Native is a primary his- toric problem confronting the State of Alaska. It cannot be ignored without harm to the public interest of this State. A. solution must be found now, as a lack of action will only `bring a worse train of events in its wake. We urge the adoption of this program as a proper and just solution on terms fairto all. Respectfully, WILLIE HEN5LEY, Chairman. Mr. HALEY. Thank you very much. Who is next? Mr. N0TTI. Mr. John Borbridge, president of the Tlingit and Haida Indians. STATEMENT OP JOHN BORBRI]K+E, J~R., PRESIDENT, CENTRAL COUNCIL OP TLINGIT AND HAIDA INDIANS OP ALASKA Mr. BORBRIDGE. My name is John Borbridge, Jr. I am president of the Central Council of the Tlingit and Haida Indians of Alaska. I am also a director of the Alaska Federation of Natives. I appear before this committee as a citizen of the United States. Also, I appear on behalf of other citizens of the United States who are natives of Alaska-persons of Indian, Eskimo, or Aleut descent. I am proud to state my belief that there is no nation on the earth which has, during its history, set so high standards of dealing with native aboriginal peoples as the United `States and no nation which has been more willing to rectify situations when it has fallen from those high standards. It also gives me pleasure to state my belief that your committee has, in the best traditions of our country, sought consistently to act fairly and equitably in matters pertaining to the original native occupants of the lands of this country. When the Europeans discovered Alaska in the mid-l8th century, the natives of Eskimo, Indian, and Aleut descent had been in oc- cupancy of the several parts comprising all of the territory of Alaska for several thousands of years. Today, the descendents of these native groups still continue to hold, by "rights of aboriginal occupancy," the great bulk of the same territory. - Today, Alaska, the last great frontier of our Nation, is the sole re- maining part of the United States which includes extensive areas, corn- prising several hundred millions of acres, still held by native inhabit- ants based on rights of aboriginal occupancy. Aside, possibly, from small tracts which may have been missed, the "original" Indian or native "title" to all lands in all parts of the country has, over the years, been extinguished by the Federal Government, except in Alaska. Now there are a number of bills pending before Congress which propose to deal with the extensive occupancy rights of the native groups of Alaska. PAGENO="0128" I ~ 124 We, the natives of Alaska, have trust and confidence that Congress wij~l adhere to the same honorable national policy and just principles wl~ich have uniformly guided it in dealing with aboriginal occupancy rights in all other parts of the country, ever since the foundingof our N*tion. IThe keynotes of our Federal policy from the beginning have been hànor and protection of the aboriginal ecupancy rights of the native groups. ~ The underlying principles have been that native-occupied lands should be acquired by the United States only with the voluntary con- sent of the native groups and for a fairly negotiated price. These keynotes and principles are embodied in a consistent course c~f legislative acts of Congress, treaties made with the Indian tribes, ~ xecutive agreements made with Indian tribes and approved by both ~I ouses of Congress, executive proclamations, and in a long series of diecisions of the Supreme Court. ~ The Federal policy to respect and protect native occupancy rights, indeed, antedated the Constitution. In 1783, the Congress of the Confederation prohibited all persons from making settlements on lands "inhabited or claimed by Indians." Again, in the Ordinance for the Northwest Territory the Congress for the Confederation directed that the laud and property of the Indians: 4. * * shall never be tai~en fr~n them without their consent ; and in their property, rights and liberty, they shall never be invaded or disturbed * 4' The first session of Congress to meet under the Constitution en acted a law, approved by President Washington, which prohibited trespass upon Indian lands The protections of aborignal occupancy rights in this law were amplified in a series of later statutes which are in force today as fundamental principles of Federal Indian law. It is not suggested that our country's dealings with native groups are without blots. However, the record shows that when Congress has been apprised of mistakes or unfair or inequitable transactions, it has sought to provide appropriate restitution or other remedies, including the vesting of jurisdiction in tribunals, such as the U.S. Court of Claims and the Indian Claims Commission, to hear and determine the claims of injured native trii~s or groups. In considering the current legislative proposals to deal with the land occupancy rights of the Alaska native groups, it is worth while to remind ourselves of certain basic historical facts. During our early history, the rapid population growth gave impetus to drives to acquire additional lands for purpose of increasing the resources and wealth of our Nation and for the use of our pioneering settlers, who, in ever-rising numbers, were migrating westward. Con- flicts broke out between the settlers and the Indians. These were period of great stress. The Federal Government was denounced for trying to protect In- dian lands. Complaints were made that Indian occupancy of lands was hinder- ing the progress of the Nation. It was asserted that a policy of honoring tribal occupancy rights and purchasing Indian lands would impose vast liabilities on the Federal Government. PAGENO="0129" 125 It was argued that Indian occupancy of lands created no valid rights ; and proposals were advanced to expropriate the Indian lands against the will of the Indians and without payment of any corn- pensation. However, Congress firmly stood by its policy of respect for the lan,d occupancy rights of the Indians. In acquiring lands for the expansion of the Nation and the use of the settlers, Congress recognized the just principle of voluntary purchase and sale for a negotiated price in its dealings with the Indian tribes. Thus, up to 1871 the Federal Government pursued a program of negotiating and making treaties with the Indian tribes, whereby por- tions of ancestral tribal lands were retained by the tribes as "reserva- tions," and the Indian title to the balance of the lands was "extin- guished" by voluntary cessions by the tribes and upon payment by the United States of `agreed prices. After 1871, the Federal Government acquired Indian lands by executive agreements which were subject to ratification by both Houses of Congress. By such treaties and agreements made with Indian consent, the United States purchased the great bulk of the lands of the Indian tribes of the first 48 States at prices which, in the aggregate, imve con- servatively been estimated to exceed $800 million-indeed a vast sum considering the national budgets of those early years of our Nation's history. Further, despite the loss of many millions of acres during the years 1880-1934, by reason of improvident governmental policies, it has been estimated that more `than 50 million acres of lands of these States have been retained to this day in tribal or individual Indian trust ownership. Once again, now, in this sixth decade of the 20th century, when the matter of dealing with the existing land occupancy rights of the native groups of Alaska has come to the fore, we are hearing from some quarters the same baseless and inequitable arguments and the same `discredited assertions and complaints which were advanced clur- ing earlier periods of our Nation's history and which Congress has repeatedly rejected. Some argue that the claims by the native groups of Alaska of land occupancy rights are invalid. Our answer is that our land occupancy right's are the same as the occupancy rights of the Indian tribes of the first 48 States. Our occupancy rights are entitled to the same respect, honor, and protec- tion that have been uniformly accorded to such rights under Federal policy `and laws. Further, we answer that if there is any serious doubt about the validity of our occupancy rights, we ask only that Congress give us our day in court so that we may have a judicial determination of the validity, scope, and extent of our existing occupancy rights, and then afford to us full F~deral protection of such rights as are judicially established. From some lips fall the familiar complaints that native occupancy of lands is impeding `the economic development and progress of the State of Alaska. Our answer is that, though we have the right of complete belie- ficial use of our aboriginally occupied lands and all~ the rescnir~es 98-181-68-9 PAGENO="0130" 126 of such lands, we have been prevented and restrained from exercising our rights to deal with and develop such lands and resources. We say that~ only after we have been permitted the reasonable opportunity to ~xercise such rights a judgment may fairly be made as to whether ourj occupancy is hampering the economic development and progress of ~Uaska. We believe that we have sufficient leadership ability to direct the de~elopment of our lands and resources. We believe that we have the capacity-at least equal to the Federal and State bureaucracies-to make wise selection of experts and tech- ni~ians to assist us, including engineers, geologists, foresters, man- agers, investment advisers, accountants, economists, and lawyers. Some argue that since the discoveries of valuable oil and gas re- so~irces on the native lands have been recent, and since the natives in th/eir aboriginal way of life did not exploit their lands for oil and gas, tl~e natives have no basis for complaint if the Federal Government p4~rmits the natives to continue to use the lands so~tely for hunting, trap- ping, and fishing purposes, or if the Federal Government appropriates the lands and compensates the natives only for the value of the lands for such aboriginal uses without regard to the oil and gas values. This is an argument which has been repeatedly rejected by the Su- preme Court and the Court of Claims in cases involving Indian tribal l~inds. ~ By a parity of poor reasoning, it may be suggested that if Congress~ *1 an Aspinall owned a 5,000-acre tract of mountain lands in his home ~ tate of Colorado which he used exclusively for hunting and for en- j oying its beauty, and then valuable mineral deposits were discovered ~ n the land, the Federal Government could, lawfully' and in good con- ~cience, appropriate the tract and pay Congressman Aspinall only for its value for hunting purposes and for its beauty. Many have suggested that since the Alaska Statehood Act gave to the State of Alaska the right of selection of some 103 million acres of land, a serious dilemma has been created in that the exercise of such right by the State would necessarily require the selection of much land, presently held by the Alaska natives. Our answer is that Congress was fully aware of this problem when~ the Statehood Act was passed. In accordance with the uniform Federal policy to honor and protect lands held by aboriginal occupancy rights.. Congress explicitly required the State of Alaska in the Statehood Act to "forever disclaim" all right or title to any lands held by Indian,. Eskimo, `and Aleut groups. We say that any State selection of lands which are held by native aboriginal title is violative of the terms, intent, and spirit of the State- hood Act and contrary to other acts of Congress as well as Federal policy. History shows that on the occasions when other States were earlier admitted to the Union, the acts of admission included provisions sub- stantially identical.to the "disclaimer" clause of the Alaska Statehood Act. Following the admission of such States, the Federal Government by agreement with the Indian tribes acquired such Indian title lands as were committed to the newly admitted State. The same procedure~ is appl~o~ble to Alaska. / PAGENO="0131" 127 During the debates on the bill that became the Alaska Statehood Act, a number of distinguished statesmen, particularly the Honorable Ed Edmondson, advocated amendments to the bill so as to provide a mechanism for resolving the problem of any State selection of lands which might conflict with native occupancy rights. However, Congress in its wisdom, decided to postpone the final resolution of this problem to a later day. We trust that the day is now and that in its resolution of the problem the Congress will act fairly and honorably as it has in the past. Some complain that for the Congress to deal with the native groups to acquire the native lands in order to fulfill the commitment of the State of some 103 million acres would result in a great drain on the Federal Treasury, considering the oil, gas, and other valuable resources of the lands. It is further argued that since lands held by native title are not constitutionally protected against a taking by the United States, and for purpose of avoiding such a drain on the Treasury, Congress should expropriate the native lands or pay a unilaterally fixed amount far below the value of the lands. These are akin to the arguments of our earlier history which sought to place a dollar sign on national honor and integrity and which Con- gress rejected when it purchased the lands of the Indian tribes of the first 48 States. The natives of Alaska are aware that efforts to work out fair and equitable solutions of their occupancy rights are fraught with great complexities and conflicting pressures. We understand that accommo- clations must be made in the national interest and in the interest of the State of Alaska. I believe that the natives of Alaska are prepared to make reasonable accommodations. This is evidenced by the substantive proposals which were drafted with the participation of the native leaders and have been incorporated in H.IR. 15049. This bill was drafted under great pressure of time. We recognize the need for technical amendments. We reject H.IR. 17129 as illiberal and as misconceived in many important respects. Finally, may I say that we trust and believe that, in accordance with the Federal policy which has prevailed throughout the history of our Nation, and as a matter of fairness and equity, this committee will seek and obtain a consensus of the native groups of Alaska before approving any acquisition or disposition of the native lands. This concludes, Mr. Chairman, the formal testimony. Mr. HALEY. Thank you very much. Let me explain our situation, as I see it. Under the rules of our committee when this bell rings, which it will in a minute or two, the committee will have to rise-you hear the bells now-and what we will attempt to do, and it will take unan- imous consent, is to go to the floor of the House and ask for unanimous consent to sit during general debate today on the bills on the agenda of the House. I hope we can obtain that. I hope that all the members who possibly can will try to be back here at 2 o'clock, and we will con- tinue the hearings and hear the other witnesses this afternoon, or if necessary, until we can dispose of the testimony of the people who hare come here from the great State of Alaska to present their case PAGENO="0132" 128 to the Congress. So if you will be governed by that and try to be back here at 2 o'clock, we will continue the hearings. The committee stands in recess. (Whereupon, at 11 :45 a.m., the committee was recessed to reconvene at ~ o'clock, the same day.) I AFTERNOON SESSION ~\{r. HALEY. The committee will be in order. S~ATEMENT O~ CLIFF GROH, ATTORNEY, REPRESENTING THE ALASKA FEDERATION OP NATIVES Mr. Giion. Mr. Chairman, my name is Clifford Groh. I am an at- t~rney for the Alaska Federation of Natives. I would request that my $atement be placed in the record. I will not read it. I will only make t~iis comment in connection with a question that some of the commit- t~e members have raised. I It is our position that we presently have Indian title to all of the land in Alaska. I recognize that one can take the position that even ~f we have title that Indian title must be recognized by Congress. Since We believe that we do have Indian title to all of Alaska, a legislative settlement of this particular problem is, hopefully, the only solution. The extended litigation that would go on otherwise we don't believe would be of any benefit to anyone. I have no other comment, Mr. Chairman. Mr. HALEY. Without objection, the statement will be made a part of the record at this point. (The statement referred to follows:) STATEMENT OF CLIFFORD J. GROH, ATTORNEY, ALASKA FEDERATION OF NATIVES Mr. Chairman, my name is Clifford J. Groh. I have practiced law in Anchorage for 16 years and am a partner in the firm of McCutcheon, Groh, & Benkert. I was formerly an assistant U.S. attorney and have served on the Anchorage City Council for 4 years, the Anchorage Borough Assembly for 3 years, and the Anchorage School Board for 4 years. I am also a past president of the Alaska Bar Association. Since January 1966 I have been active in representing various native groups. Our firm now represents the following native associations and villages: (1) Native village of Tyonek. (2) Native village of Ekiutna. (3) Kenai Native Association. (4) Seward Peninsula Native Association (Nome). (5) Bristol Bay Native Association (Dilllngham). (6) Village Council President's Association (Bethel). (7) Chugach Native Association (Cordova). (8) Copper River Native Association. (9) Alaska Peninsula Native Association. (10) St. Lawrence Island eskimos. (11) Village of Unalakleet. I have attended and participated in all of the statewide meetings of the Alaska Pederation of Natives and all of the Governor's land claims task force meetings. The native people have inhabited Alaska, as one court stated, "From time whereof the memory of man runneth not to the contrary." The first northern Europeans arrived in 1741, and from then until 1867, treated Alaska as a hunting ground for valuable furs. The Ru$sians never attempted to exercise any dominion over 99 percent of Alaska's 365 million acres. The native people were not con- quered and most of them never knew that the Russians purported to "own" Alaska and subsequently "sell" it to someone else. PAGENO="0133" 129 The Treaty of Cession, dated March 30, 1867, and ratified by Congress, affords some insight into the status of Alaska's natives at that time. Article III provides: "The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years ; but if they should prefer to remain in the ceded territory, they with the exception of un- civilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall 1e main- tamed and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country." The term "uncivilized tribes" mentioned in article III refers to those natives who were "independent" or "not wholly dependent" as those terms are defined in the third charter of the Russian-American (Jo. I will not attempt to make a classification as to all the particular native groups in Alaska but will merely say that the "civilized tribes" are limited to the Aleutian chain, lower Alaska Penin- sula, and lower Cook Inlet. In ratifying the treaty, it was the obvious intention of Congress to grant the "civilized" natives the same property rights as all other American citizens and to treat the "uncivilized tribes" the same as all other aboriginal tribes of the United States. This equal treatment should also apply to their rights in the land. One other brief comment on `the treaty of cession. Some persons have eon- tended that because of article VI, which provided for the payment of an addi- tional $200,000 to the Russians, Indian title to lands in Alaska has been extin- gu~ished. That position is not valid because the actual reason for the additional $200,000 payment, as discussed in Kincead v. U.$., 150 U.S. 483 (1893), was to compensate the Russian-American Co. for its possible vested property rights. It is undisputed that the Alaska natives have used and occupied certain lands to the exclusion of other people for many years. That continuous and exclusive use, unless extinguished, i:s sufficient to establish aboriginal title. It is also un- disputed that Congress has never extinguished the aboriginal rights of the natives, Indian title, when proved, must be accorded proper respect. There has been no extinguishment, to quote the Supreme Court in United ~tate~ v. ~S'anta Fe Pacific Ri?., 314 U.S. 339 at 347, either "* * * by treaty, by the ~word, by purchase, by the exercise of complete dominion adverse to the right of occupancy, or otherwise." We do not believe that Indian title depends upon recognition or approval. It is based on aboriginal possession. Once established, it endures until extinguished or abiondoned. See Lipcta Apache Tribe v. The United ~Jtates, U.S. Court of Claim's, 15 Ind. Cl. Comm. 532. Legislatively and judicially, Indian title in Alaska has been preserved. Let us first look at the legislative hLstory. The act of May 17, 1884, in section 8, provides in part "that the Inthans or other persons in said district (Alaska) shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress * * *" (matter in parentheses supplied). The act of June 6, 1900, 31 Stat. 321, in section 27 has a similar provision. The Alaska statehood act, Public Law 85-508 (1958) , in section 4 states: "As a compact with the United States said State and its~ people do agree and declare that they forever disclaim all right and title to any lands or other prop- erty not granted or confirmed to the State or its political subdivision by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, and to any lands or other prop- erty (including fishing rights) , the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives ; that all such lands or other property (including fishing rights), the right or title to which may be held by said natives or is held by the United States in trust for said natives, shall be and remain under the absolute jurisdiction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may here- after prescribe, and except when held by individual natives in fee without re~ strictions on alienation : Provided, that nothing contained in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto: and nothing in this AcJt is intended or shall be con- PAGENO="0134" 11 , , 130 str ed as a finding interpretation or construction by the Congress that any law app~icable thereto authorizes, establishes, recogniiés, or confirms `the validity or inv~1idity oLf any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by aiiything in this Act: An'~E provided further, That no taxes shall be imposed by said State upon an~ lands or other property now owned or hereafter acquired by the United St~tes or which, as hereinabove set forth, may belong to said natives, except to su4h extent as `the Congress has prescribed or may hereafter prescribe, and ex$pt when held by individual natives in fee without restrictions on ali~nation." ~rticle XII, section 12, of the constitution for the State of Alaska has within it ~ disclaimer by the State of Alaska and its people which conforms to section 4 ofj the Statehood act. All of the above acts consistently reiterate our position on Ir~dian title. From a judicial standpoint, there have been a number of decisions supporting oi~r stand. The cases usually cited in opposition to our view are Miller v. U.s., 1~9 F. 2d 997 (1947) , and Tee-Hit-Ton Indians v. U.s., 348 U.S. 272. We believe both of those cases have been impliedly overruled. However, the ultimate and fi*ial answer to the question of whether Indian title exists in Alaska is the case o~ the Thngit-Haida Indictas v. The U.s., docket No. 47900, U.S. Court of Claims, d~cided January 1968. There the court held that the Tlingit-Haidas have Indian t~tle to 2,600,000 acres of land, which has not been extinguished. If that group l~as Indian title, why do not the rest of the Alaskan natives have Indian title? I~Tone can demonstrate that the natives of western Alaska should be treated in ~ome manner different from that afforded to their southeastern brothers and all $her aboriginal people. ~ Everyone in Alaska knows of the problems confronting our native people. bthers will go into more detail but they involve (1) lack of employment, (2) grossly poor housing, (3) poor education in quantity and quality, and (4) corn- ~lete absence of public facilities such as water, sewer, electricity, etc .We also know `that many of our native people have never bad an opportunity to escape the poverty that engulfs them. This has not been the result of anyone's cam- paign. If given an opportunity, I am confident that they can and will develop Alaska. Their leadership is here and you have observed them. I am proud to represent them and know that after this legislation passes, they will maintain the faith that you have placed in them. STAT]~1VIE1~1T OP BARRY JACKSON, ALASKA FEDERATION OP NATIVES Mr. JACKSON. My summary will be essentially a digest of my statement. Mr. ASPINALL. Mr. Chairman, I object to this kind of a file being a part of the record. The real statement of Mr. Jackson, whatever it may be, will be fine, but the rest of the statement will be placed in the file. Mr. hALEY. The statement will be received and I will ask the pro- fessional staff to examine it at a later date and what is pertinent to the matter under consideration will be made a part of the record. The rest will be made a part of the file. Mr. ASPINALL. Just a minute, Mr. Chairman. Some people get the idea that we have our files all cluttered up with editorials, newspapers, and magazines. We never permit this sort of material to come into our files. The Chair will instruct the staff to keep that material out no matter how pertinent it is. Mr. }L,~rrn~. I might say to my colleague from Colorado that was thoroughly understood. Mr. ASPINALL. Thank you very much. (The statement referred to follows:) PAGENO="0135" 131 STATEMENT OF BARRY W. JACKSON Mr. OI~airman, my name is Barry W. Jackson. I am a partner in the law firm ~f Jackson & Fanton, 527 4th Avenue, Fairbai~ks, Alaska. I appear as an attorney for the Alaska Federatio~i of Natives and as attorney for a number of Indian organizations in the Interior of Alaska, including the Tanana Chiefs Conference, the Native Village of Minto, the Native Village of Tanacross, the Nenana Native Council, and the Fairbanks Native Association. My testimony will be directed generally at legal matters, although I will have to discuss policy also. Generally, I will discuss the following: 1. State of Alaska vs. TJdaIl, the test case on the land freeze. 2. The Task Fo~r~ce Proposal, S. 2906/H.R. 15049 and C.S. HB 672 (Finance). 3. Then I will present the Alaska Federation of Natives Proposal, which are the amendments proposed by the AFN to Secretary Udall's proposal of April 30, 1968, together with a Commentary on the Amendments. As to my qualificationsi, I have been a resident of Fairbanks since February 10, 1958, foI1owin~ my graduation from Stanford Law School. Following my admis- sion to the Alaska Bar in early 19~9, I terminated my clerkship under U.S. Dis~ trict Judge Vernon D. Forbes and opened an office for the private practice of law. Except for three and one-half years as City Attorney for Fairbanks, I have been engaged in private practice ever since. I am admitted to practice before the usual state and federal courts including the U.S. Supreme Conrt and I am a member of the usual number of bar associations. In 1965 and 1966 I served as a member of the Alaska House of Representatives, where I was a member of the House Finance Committee. In the winter of 1965 I became involved with the Minto land claim, which was the cause celebre, originating almost five years ago and which has led to these hearings here today. Although the Village of Minto came to me as an attor~ ney, I declined to accept the engagement in order to avoid conflict of interest problems, and Mrs. Mary Alice Miller, now a state district judge in Fairbanks, was retained. In 1966, after I decided not to file for re-election to the Alaska Legislature, Minto again requested my services and Mrs. Miller graciously agreed to the substitution. I claim no particular expertise in Indian Law, except that which is gained from my experience to date. However, as I have had some experience in drafting ordinances and legislation, I drafted the AFN Proposal, also, much of S. 2906/ H.R. 15049, and the state bill as proposed by Governor Hickel's Task Force on Native Land Claims, is, for good or ill, my translation into statutory language of the policy decisions reached by the Task Force. However, I have relied as much as possible on the work of other draftsmen, including the Statehood Act and S. 1964, among others. At this point I would like to note that I have attached to my statement (after the AFN Proposal `and the Commentary thereon): (A) Commentary to Federal Alaska Native Claims Act of 1968, Draft of January 24, 1968 (now introduced as S. 2906/i-I.R. 15049), (B) Task Force Commentary on State Alaska Native Claims Act, Draft of January 24, 1968. (C) Proposed State Bill. (D) The state bill as adopted, CSHB 672 (Finance) , Chap. -, S.L.A. 1968. (E) Native Lands Claims, Alaska Review of Busimes8 cmd ECOnOmSO Conditions, University of Alaska, Institute of Social, Economic and Gov- ernment Research, Volume IV, No. 6, (F) Extract of Testimony of State Representative John Sackett, Presl~ dent, Tanana Chiefs Conference, and Ruby Tansy, Secretary, Tanana Chiefs Conference, to Senate Committee on Interior and Insular Affairs, Anchor- age, February 8-10, 1968. (0) Democratic Platform Plank on Native Land Claims, Central District Democratic Convention, December 9 and 10, 1967, and (`H) Republican State Convention Resolution No. 19, September 16-18, 1966. These documents are self-explanatory and I will not comment further on them. However, as a principal draftsman of the AFN Proposal, of S. 2906/ H.R. 15049 and the state bill and the commentaries thereon. I am prepared to answer questions on these documents or to review with you these proposal3 generally or in detaiL PAGENO="0136" 132 A ection-by-section ana1ys~s of the proposed state bill has not been prepared. How ver, the attached commentary gives a good summary of the purposes of this legislation as originally drafted by the task force and the final form as adopted retamed most of the essential features of the task force draft St~ite Representative Willie Hensley Ohairman of the Task Force will intro duce the Report of the Task Force to Governor Hickel which the legislative proposals of the task force were intended to implement. 1. ~S1tate of Alaska v~. UdaU, et ci~1. c*L February 10, 1967, the State of Alaska filed a suit against Stewart Ud:all,. the Secretary of the Interior, in the U.S. District Court at Anchorage, Alaska.. In ts complaint the State sought, among other things, a judgment requiring the Sec etary of the Interior to issue a patent to the State to certain lands claimed by the natives of Nenana but selected by the State pursuant to its authority to elect certain lands under the Alaska Statehood Act. In its complaint the St~te alleged that the Secretary of the Interior had frozen all further land dis- positions because of native land claims and that this action by the Secretary was contrary to law The U S Attorney s office filed a motion to dismiss the complaint on the grounds that the suit was in effect a suit against the Tjnited States and that the United St~tes could not be sued without its consent. In addition, the United States stated th~it the natives of Nenana were an indispensable party and could not be sued w~thout the consent of Congress. The court on October 13, 1967, denied the motion of[the United States. Subsequently, the U.S. filed its answer to the complaint and a pretrial con- f*ence was held on January 5, 1968. At the conference the United States mdi- ci~ted that it would stand upOn its original position and that undoubtedly it c~u1d stipulate to the facts with the State of Alaska The court invited all parties t4~ stipulate to the facts and for the State to file a motion for summary judgment On January 10 1968 the court permitted the Native Village of Nenana to ii~itervene in the suit and to file its answer. The Native Village of Nenana's a~iswer asserted that it was the rightful owner and possessor of the land in ç~uestion and not the United States. (Nenana has never received a hearing on the merits of the factual issues.) The State has now moved for summary judgment and the motion has been ully briefed by the parties It is expected that the District Court will rule enerally in favor of the plaintiff and against the contentions of both the ~ efendant and the intervenor, except that Nenana may obtain hearing on the actual issues of actual use and occupancy. The reason for ruling against the contentions of the mtervenor will probably e based largely upon the United States Supreme Court's decision in Tee-Hit-Ton jndians vs. United t~tatos 384 U.S. 272 (1955). In that case the court in a five-to- three decision ruled that an Alaskian Indian clan although it may have a valid aboriginaj title, had no compensable interest in the land used and occupied by it absent specific Congressional legislation to the contrary. The Native Village of Nenana is contending that this decision was incorrect and is seeking to have the Supreme Court reverse itself There is some possibility of this happening in view of the change in the make up of the court since 1955 and in view of the failure of Congress to settle the land claims In the event the UnIted States Supreme Court reverses itself, then the interest of the Native Village of Nenana and every other Alaska native village in the land used, occupied and claimed by it will be compensable. After a Supreme Court decisionS regardless of the disposition of tile due process issue, the usual course would be that after securing a jurisdictional act there would be a separate lawsuit filed b~y each of over two hundred villages seeking compensation ; or title for land used and occupied by it. In the past other snch lawsuits have ~ taken many, many years to conclude. This is not a suitable so~ution to native land claims The problem is here and now and should not await a solution thirty ~ or forty years from now. For these reasons it is most imperative that the native land claims legislation ~ that is adopted avoid court proceedings. In the interest of justice to the natives, j~ the problem should be resolved on the basis of outright grants of land and mo~iey b~ Oongr ss to the natives And that is what Governor Hickel s Task Force on Native Land Claims has proposed. I PAGENO="0137" 133 2. The task force proposal (~. 2906/H.R. 15049 C1~HB 672 (Finanee)) The task fo~rce was formed by Gov~rnor Hickel at an opportune lilme in the fall of 1967. He saw the need, he made the commitment for a solution to the land claims problem. At abcmt the same time, Attorney General Boyko became convinced that there was a need for early solution and a generous s~o~Iution. Secretary Udall, about the same time, came to Alaska and made a suggestion that the natives of Alaska do not need 270 million acres, or whatever it is they claim, but that they need some land and they need some money and that the Outer Cor~tinenta1 Shelf would be an appropriate source of some money for the natives. At about the same time the Fairbanks Native Association, which I also repre- sent, reviewed our problem and decided that what we needed was not endless litigation~ but an early administrative type solution and we came up with such a proposal. That task force, which was then formed of about 40 people, representing all areas of the State, including the board of directors of the Alaska Federation of Natives, met many times for many days. They formed a drafting committee of nine members. The drafting committee worked with myself and three other attorneys, Roger Conner, then of Juneau, Cliff Groh, Anchorage, as well as Fred Paul of Seattle. We attempted to put together for the first time, not what the natives wanted, not wha~t Secretary Udall and not what the Governor wanted, but a proposal that perhaps all could accept, that all could live with. In the finer sense of the word, it was an attempt to come to reason togeth,ec, as the Prosident sometimes says, to accommodate the conflicting interests that are involved here and to create some legislation that would be meaningful for years to come. I am not saying that what we hare come up with is the anwser. We do suggest that it forms a basis for consideration by yonr committee and we think that it offers a general pattern which would be helpful and which offers a possible early solution of the land claims. The proposal that the task force came up with is essentially in four parts~ First, a grant of 40 million acres of land in fee or in trust to the village groups. This compares to the grant in the Statehood Act of the State of Alaska of about 1021/2 million acres general grant land, plus some other lands in addition. Secre- tary Udall's bill conceivably could allowed the natives to get as much as 12 or 12'/2 million acres. In practice, we suspected that the actual amount of land that would be granted would be in the neighborhood of 6 million acres~ This would have been totally unacceptable to the natives of Alaska. On the other hand, while the natives of Alaska believe essentially that they own the land they now occupy and use, they recognize that without the help of Congress they can get title or useful title to none of the land. Forty million acres, we felt, was a reasonable compromise. It is about as little as the native leaders of Alaska feel that they can accept for their own people and I think you recognize that if the native leaders here that have a responsibility settle for too small an amount there is a very real danger that more radical leaders will appear and disrupt Alaska's society. So far it has not happened, but there are people who take advantage of this situation. We do feel that 40 million acres, if the villages can get the land which is most important to them, this much can satisfy them provided they can continue to use the surface, for aboriginal use of, lands around the village which they do not get title to. The second part of the proposal is a 10 percent royalty interest as proposed by Secretary TJdall. The Task Force recognized that his proposal, the Outer Continental Shelf Royalty, may not be politically possible. The Task Force suggested, in that event, that as an alternative, there be some type of settlement of money which does not involve litigation, which does not involve the claims process. We would like to stay away from litigation. The third part of the settlement is a grant by the State of Alaska of a 5 percent royalty in State granted land which the State has acquired from the United States. Now, iii order to avoid any impact upon the State Treasury today, we have asked that this royalty from State lands, revenues from State lands, not be applicable to any existing sources. We prepared a State bill which includes that State royalty, and which has been adopted, with amendments, by the Legislature. The fourth part of the Task Force proposal is the scheme for administering the lands and money. This is as important as the land and money itself. Is the land and money to be squandered in per capita payments? Is it to be eaten up in bureaucratic administrative costs'? PAGENO="0138" 134 Wejpropose to avoid both extremes. (The Task Force proposals are largely con- taine~l in Chapter -, S.L.A. 1968.) Alaska is a little unusual because the natives in A1~tska are very vehemently antireservation, they have never been in favor of reser~vations and are not today. They would like to participate as fully as possible in th~ life of the State and the society. So one of the thingsi we have done is that we have separated the native village as a municipal corporation from the native village as an incorporated tribal enterprise. And the lands and the mone~v will be going to the incorporated tribal entity which will be gradually transformed into an o~dinary business corporation with shares that are fairly alienable. This is a gra~ual process. It is controlled by the Alaska native commission. We have elimi- nated per capita grants' as such. ~e have said, however, that the native corporation may grant to the in- div~dual members townsite lots, fisheamp sites, and so on, but not more than 10 tercent of the land may be distributed in this manner and not more than 16~ acres to any one person or family. We have also said that they may make wh~t we call family plan distribution, but that not more than 20 percent of the cai~lital of the corporation may be distributed in family-plan type distributions. No~v this, of course, is a type of per capita distribution. We recognize that, but th~ experience with Tyonek has been that this can be a very helpful method of improving the status of the members of the tribe. Generally, however, the StE~te law requires that the capital of the corporation be kept intact to be in- vested in business enterprises, and that in the long run, over the long term, the members of the corporation will benefit primarily by being stockholders of the business enterprise, receiving dividends. Hopefully the business enterprise will n~ake certain that natives are hired in positions of responsibility. The Tyoneks; f r example, own a construction company which built a BIA building which is a so owned by the Tyoneks. They own a title company in Anchorage ; they have a major interest in a utility company in Anchorage. These enterprises in the long t rm will be of benefit to individual members of the tribe. We hope to use the C pital in this fashion. We hope to use the land in this fashion and not as a ~eservatio~ Now, we are trying to get away from the BIA, frankly, and from the Secretary of the Interior and accomplish a transition into American society. Also we want to preserve for the Indians as well as for the whites the mobility which exists in American society today. We are trying to build in provisions which will pre- vent us from having our villages "frozen in history." ( See the extracts of the statements of John Sackett and Ruby Tansy which are attached as Attach- ment F.) We have natives trained as electronic technicians who are working in Aus- tralia and in Vietnam. Educated Alaska natives have become just as highly mo- bile as other Americans, and they should be permitted to be so, and at the same time be permitted to share in their patrimony. We have built in provisions attempting to do this in the State legislation. It may be that after review by your committee staff, you will want to have some of these provisions incorporated in the Federal act to make certain that it is not open to complete control by the Alaska State Legislature. We put them in the State act because we are attempting to get away from l~ederal control and that of the Secretary of the Interior. At the same time, believe me, we have many very highly competent BIA representatives in this State. They have done a great deal within the limits of their ability. But the problem is that the system is basically bad and the natives of Alaska have come to believe this, and they think, by and large, the employees of the BIA have come to believe this also. Now, the Task Force proposal is an attempt to make some changes ; it is an attempt to look a hundred years ahead and provide the transition and to provide for as early a transition as possible. I would like to briefly discuss the problem of the land freeze and `how we have tried to solve this. S. 2906 in effect solves it as follows : First of all, even `before the Federal act is passed, or within a few months after the Federal act is passed, each native group will `indicate to the Secretary of the Interior the lands which are more important to them, which they would like to gain title to. The Secre- tary then makes a temporary withdrawal of these lands, and the total amount of withdrawal cannot exceed 40 million acres. As `soon as this withdrawal is accomplished, which shall be not more than 6 months after the passage of `the Federal act, then all of the `remaining land in Alaska becomes open again for State selection or entry by other parties under the public land laws. This is similar to the approach taken in Secretary Udall's latest proposal, which we ~lnd basically acceptable. (For the approach suggested PAGENO="0139" 135 by the State, which is not working out, see p. 5 of Commentary on AFN Proposal, attached.) We have endeavored to find some way of lifting the freeze at an earlier date and still protect the natives' rights to their land or at least to the land that they consider most important. We have simply not been able to work out any mechanics for doing so. This is the fastest method that we have `been able to come up with. Finally, I would like to note that we do not intend to disturb third party inter- ests that now exist or which exist at the time that the Federal act is passed. :i think this is very important because there has been a lot of concern on the part of many people that property interests-titles-were going to be disturbed. They will not be. 3. APN proposal (amertdments to E~ecretary Udall's proposal of April 30, 1968) While Alaska Native Leaders were deeply distressed by Secretary ~Jdall's pro- posal of April 30, 1968, now before the Congress as S. 3586/H.R. 17129, the Alaska Federation of Natives has decided to respond positively by preparing amend- ments to the administration bill, rather than insisting on the Task Force pro- posal, S. 2906/H.R. 15049. And with appropriate amendments and future modi- fication of the state law, CSHB 672 (Finance) , the `best and most important fea- tures of the Task Force proposal can be melded with the administration bill to produce a compromise that will be acceptable to the great majority of Alaska's Natives. `The draft, which follows, italicizes proposed new language and language to be stricken is in brackets, in order to facilitate understanding of our proposed amendments. These are not all of the amendments we would like to make. The others are not offered at this time in order to not clutter up the record and to facilitate pas~ sage at this session of Congress, if by some near miracle this could be possible. Following the draft is a Commentary, explaining the AFN ProposaL Conclu$ion Mr. Chairman, the natives of Alaska have been waiting since 1884 for Congress to provide a means for obtaining title to' the lands they occupy or claim. They rightfully believe that this land is theirs, but their leaders are prepared to adjust their claims to the land in order to accommodate the interests of the State and its people and the interests of the United States, and in order to use their land claims as a means of self-help and self-development. It has been said that nothing is so powerful as an idea whose time has come. Gentlemen, the time has come for a legislative settlement of the land claims of Alaska's ~ native people on terms fair, generous and equitable to all. The native leaders of Alaska have designed such a settlement, and we ask that you take this oppor- tunity for creative law making, to do justice for Alaska's na'tives, a's they would for you. Thank you. AFN PuorosAL Amendments Proposed by the Alaska Federation of Natives to Secretary Udall's Proposal of April 30, 1968 A BILL To provide for the settlement of certain land claims of Alaska Natives, and for other purposes Be it enacted by the Senate and House of Represe~atatives of the United ~States of America i~ Uongres$ assembled, That this Act may be cited as the "Alaska Native Claims Settlement Act of 1968." DEFINITIONS SEC. 2. For the purposes of this Act, the term~- (a) "Secretary" means the Secretary of the Interior; (b) "Native" means an Alaska Indian, Eskimo, or Aleut incZuding but not linvited to a~y Native whose adoptive parent is not a Native of at least one-fourth degree Alaska Indian, Eskimo, or Aleut blood, or a combination thereof or, in the absence of proof of a minimum bZood quartum, who is re- garded as Native by the Native group in which he claims enrollment and whose father or mother was regarded as Native by that or any other Nati,ve group; and PAGENO="0140" / 136 DECLARATION OF POLICY DECLARATION OF SETTLEMENT GRANT OF LANDS (c) "Native group" means any i~vcorporated or v~ni*oorporated tribe, band, plan, village, community, or association in Alaska composed of twenty-five br more eligible Natives and approved by the (Secretary.] Commission, in~ cZuding those incorporated under A.2. 38.30.190 of the Zaws of Alaska. S~c. 3. Congress finds and declares that there is an immediate need for a fair ancj just settlement of all claims by Natives of Alaska by providing (a) a grant to each Native group of title to their village sites that are now being used by said group and to additional lands in the vicinity of the villages that will be needed for reasonable community expansion to fulfill future economic and social require- me~its, (b) a reasonable payment to Native groups for the purpose of enhancing th present and future welfare of the Natives in Alaska, and (c) provision for N tive hunting, fishing, trapping, and berry picking, within Federal lands not gr nted to the Native groups ; and that it is the purpose of this Act to provide su h a settlement. SEC. 4. The provisions of this Act shall be regarded as full and final settle- m~nt of any and all claims against the United States based upon aboriginal right, title, use, or occupancy of lands in Alaska by Natives or arising under the Act o~ May 17, 1884 (23 Stat. 24), or the Act of June 6, 1900 (31 Stat. 321), (includ- ~g] ea~cepting only claims pending before the Indian Claims Commission or the Court of Claims, by previous authorization of Congress, (and not finalized by said Commission] on the date of enactment of this Act. I ~ SEC. 5. (a) Subject to the provisions of this Act, the Secretary, upon his own ~nitiative and without application, is authorized to grant, (in trust,] to each ~ative group, subject to valid existing rights and if not within a National Park ~r Monument, or, subject to Sec. 17, National Forest (withdrawn for purposes ~unrelated to Native use or the administration of Native affairs,] (1) title to the village site or sites now occupied by such group, and (2) title to such addi- tional lands in the area used and occupied by such group (vicinity of such site or sites] which, in his judgment, would contribute significant(ly] support for (to the] reasonable community expansion by fulfilling [to fulfill] future ceo- nomic and social requirements, taking into account such factors as population, economic resources of said group, traditional way of life of said group, and the nature and value of the land proposed to be granted. A Native group or trustee ~ therefor may not sell, lease for more than one year, or otherwise dispose of any lands granted to it e~rcept in accord with a land use plan of the group submitted to and approved by the Commission. (Provided, That, at any time during the term of the trust, the Secretary, upon application of the Native group and upon the approval by him of a land use plan submitted by said group, shall terminate the trust for all or any part of the lands granted under this subsection to said group.] Such grant may include a grant of title to noncontiguous land such as lands being used and occupied by such Natives or suitable for use for burial grounds, airfields, water supply, village sites, agriculture, grazing, recreation, mining, oil and gas fields, industry, hunting and fishing camps, and dock or boat- launching sites. (that are not withdrawn for other purposes.] In the case of Native villages in locations where there are not sufficient additional lands in Federal ownership to permit the Secretary to make the grant of additional lands contemplated by this subsection, the Secretary may convey other lands ( that are not withdrawn for other purposes ) in lieu thereof but subject to the same con- ditions and limitations that apply to conveyances of land within the area used and occupied by the group. (vicinity of a village.] (b) In no case may the grant of land to a Native group under this section ewceed three thousand two hundred acres or be less than three hwndred twenty acres per person enrolled on the rolls of the Native group. (fifty thousand acres.] (c) The secretary shall grant, in the aggregate, forty mill4on acres under this section to the Native groups. [The provisions of this section shall not apply to Native groups who are beneficiaries of the judgment recovered by the Tlingit and Haida Indians in Court of Claims Docket No. 47,900.] (d) Prior to making a grant to a Native group, the secretary shall consult with the group and give the group an opportunity to nominate lands for inclu- sion in the grant. PAGENO="0141" 137 RESERVATIONS AND REBEIWES SEC. 6. ( a) The areas of lands and waters heretofore reserved and set aside by Executive or Secretarial order for the use of Native groups of Akutan, Diomede, Karluk, Unalakleet, Venetie, and Wales shall be granted (in trust] to said groups. ( b ) To the extent such areas of ~a~nd granted by this sectiou are smaller than the areas of land that could be granted to each group under the terms of section 5 of this Act, additional lands may he granted to the group, (in trust,] by the Secretary : Provided, (That the total grant] such additional grant shall (not exceed fifty thousand acres] be subjcct to tiw conditions and limitations of $ection 5 of this Act. ( c) (b] The various reserves set aside by Executive or Secretarial order for Native use or for administration of Native affairs, including those created under authority of the Act of May 31, 1938 (52 Stat. 593) , shall be revoked, subject to any valid existing rights of any non-Natives, by the grant of title (in trust] by the Secretary of (up to fifty thousand acres of] the land now covered by such order to the Native group using or occupying said lands on the date of enactment of this Act. ( (c) At any time during the term of the trust covering lands granted under this section, the Secretary, upon application of a Native group and upon the approval by him of a land use plan submitted by said group, shall terminate the trust for all or any part of the lands granted to said groups.] (d) ((c)] A native group or trustee therefor may not seU, lease for more than one year, or otherwise dispose of any lands granted to it under this section except in accord with a land use plan of the group submitted to and approveZ by the comm%ssion. (e) (dl The grant of lands under this section now covered by an Executive or Secretarial order shall include the underlying mineral deposits. (INTERIM] ADMINISTRATION UNDER PUBLIO LAND LAWS SEC. 7. (a) As soon as possible after the effective date of this Act, the Secretary shall, subject to valid existing rights withdraw from all forms of appropriation under any of the public land laws, including without limitation selection by the State of Alaska under the Statehood Act of July 7, 1958 (72 Stat. 339) , any lands which he believes may be subject to a grant to a Native group pursuant to this Act, but not to exceed a total of 20 million acres. Such withdrawals shall be revoked as rapidly as grants to Native groups permit. A State selection of lands that are withdrawn shall not be approved, regardless of whether the selection was initiated before or after the withdrawal, until the withdrawal Is revoked. (b) A Native claim based on use and occupancy of unwithdrawn land shall not be the basis for the rejection of State selections or other applications or claims under the public land laws. (c) (Either before withdrawing lands under this section or before] Before granting a patent pursuant to this Act, the Secretary shall consult with the Secretary of Defense with respect to the effect of the (withdrawal or] grant on the security of the United States(.] , and with the appropriate t~ecretary, as to withdrwu,n lands, with respect to the effect of the gra~nt on the purposes of the withdrawal. (d) Nothing in this Act shall affect the rights of Natives as citizens to acquire public lands of the United States under the Native Allotment Act of May 17, 1906 (34 Stat. 197) , as amended (48 U.S.C. 357) , or the provisions of other ap- plicable statutes. (e) Lands granted pursuant to this Act shall, so long as the fee therein (they] remains not subject to State or local taxes on real estate, continue to be re- garded as public lands for the purpose of computing the Federal share of any highway project pursuant to title 23 of the United States Code, as amended and supplemented. Lands granted pursuant to this act shall, so long as the fee therein remains not subject to Estate or local taa~e~ on real estate and so long as there are no revennes from the lands, continue to receive forest fire protection services from the United ~SItates at no cost. (f) Any lands granted in fee or in trust under this Act shall be subject to the right of the Secretary to issue and enforce for the protection of migratory birds regulations In accordance with the provisions of the Migratory Bird Treaty Act, as amended. PAGENO="0142" 138 (g) The Secretary is authorized to make any grant of land under this Act subject to easements for any public use, benefit, or purpose, including easements for ~he administration and utilization of any Federal lands. (li) Prior `to conveyance of land under this Act, the Secretary shall have its exte~ior boundaries surveyed. This requirement for survey shall be satisfied wit1~out continuous marking `of the line, but by establishment of monuments alor~g all the boundaries, except meander courses, by electronic measurement or ~ther means, at intervals of not more than six thousand feet, or by extension of ~he rectangular system of surveys over the areas conveyed. Conveyances of surlveyed lands shall be in accordance with the plats of survey, and those for un~urveyed lands shall, following survey, be so conformed. TRUSTS, DISPOSITION SEC. 8. (a) Lcinds granted to or selected by c~ native group under this Act $halZ be patented, at the option of the native group, to the native group in fee or in fee to a trustee for the native group. (Title to land granted under this Act to a Na- ti~,re group in trust shall be held by the United States in trust, acting through tl~e Secretary as trustee. The term of a trust established by, or pursuant to, 1;I~is section shall not exceed twenty five years from the date of any grant made u~ider this Act, and when the trust terminates lit shall be liquidated in accord- a~ice with the terms of the trust instrument or as prescribed by the Secretary, i~ there is no trust instrument, or as prescribed in section 5 and 6 of this Act. Whenever a distribution of capital or income of the trust is made to the Native group, the finding of the Secretary as to the qualified recipients shall be final ~nd conclusive.] Title to lands selected by a native group which chooses to have title held by a trnstee shall be held by a trustee or board of trustees selected by the native group, which may be the statewide native economic improvement corporation, the appropriate regiona' corporation, or a board composed of in- dividual trustees approved by the Commission. The term of a trust established~ pnrsuant to this section shall not ea,ceed twenty-five years, and when the trust ecopires title to the corpus of the trust shall vest in the native group. The native group may choose to have all moneys received by such group held b~ the trustee. A trustee who receives a conveya'iice or moneys under this section shall be subject to the laws of Alaska governing the ecoecution of trusts, and shall have the powers and duties set forth in the deed of trust, including without limita- tion subdivision, management, and disposal of the lands, ea,cept the mineral in- torests in lands granted under ~eetion 5 of this Act, or moneys, investment and reinvestment of the proceeds, and distribution of income or capital of the tru$t to the members of the beneficiary. (b) [The Secretary, as trustee, under this Act shall `have the powers and duties set forth in the deed of trust, including without limitation, subdivision, manage~ ment, and disposal by `sale, lease, or other method, of the lands or interests' therein, except the mineral interests in lands granted under section 5 of this Act, invest- ment and reinvestment of the proceeds, and distribution of income or capital of the trust to the Native group and `he shall not be subject to `the laws of Alaska governing the execution ~ii! trusts.] In the disposal of any tract of land under the trust, the group or trustee therefor `shall give a right `of first refusal `to the occu- pant thereof. The title to land conveyed (by the trusteej to a Native shall not OR at the option of the Native be subject to the provisions of section 1 of the Act `of May 25, 19~2fi (44 Stat. ~2 ; 48 `U.S.C. 355a) , with respect to lands con- veyed to Natives in townstites established under section 11 of the Act Of March 3, 1891 (26 Stat. `1099 ; 48 U.S.C. 3fi5)', as supplemented by the Act of February 26, 1948 (62 `stat. 35 ; 48 U.S.C. 355e) . The (trustee] group or trustee therefor may convey without compensation to private religious, charitable, or educational insti- tutions or organizations the laud, occupied `by buildings `or facilities owned by them on the date `the `trust is established, where such buildings or facilities are situated withIn the boundaries of the land to be granted pursuant `to this Act. MINISRALS `Sue. 9. `Subject to valid existing rights of any non-Native, the Secretary upon granting in trust or in fee any lands' under section 5 of this Act to a Native group shall grant to the appropriate regional corporation (Corporation established by section 10 of this act] title to all mineral `deposits `in said lands together with the I / PAGENO="0143" 139 right to mine and remove the same under leases issued by said (Corporation.] corporation with the consent of the Alaska Native Economic Improvement Gor- poration. Said [Corporation] corporation shall hold such minerals in trust for the `benefit of each Native group having the surface lands `and shall `administer the `trust in accordance with the applicable provisions of this Act and the laws `of Alaska governing the execution of trusts (trust]. All revenues received by the [Corporation] corporation in the `administration of `such trust shall be shared [equally] each year with the Native group that has title to the lands from which such receipts were derived aiul with the Alaska Native Economic Improvement Corporation, which shall receive five percent of the revenues. The Native group shall receive seventy-five percent of the revenues and~ the regional corporation shall retain twenty percent of the revenues. Whenever the trust terminates by reason of the dissolution of said (Corporation] corporation or by subsequent Act of Congress, the Secretary shall convey title to such mineral deposits, subject to valid existing rights, to the Native group having title to the surface lands. NATIVE ECONOMIC IMPROVEMENT CORPORATIONS SEC. 10. (a) There shall be established a single [nonprofit] statewide Native Economic Improvement Corporation, and not more than twenty regional native economic improvement corporations hereinafter referred to as (the "Corpora- tion."] corporations for the purpose of promoting economic opportunity for the benefit of the Natives and their descendants in Alaska. The (Corporation] cor- porations shall be organized as approved by the (Secretary] Commission under the [laws of the State of Alaska.] Alaska Business Corporation Act and Alaska law. The (Board] Boards of Directors of the (Corporation] corporations shall be elected [by the Natives in Alaska] on a basis, determined by the [Secretary] Commission, which will assure adequate representation of all [such] Natives and their descendants holding shares in the corporation. The Board shall appoint a manager of the [Corporation] corporation and such other officers as the Board deems desirable to serve at the Board's pleasure, and shall fix their compensa- tion. It shall be the responsibility of the manager to carry out the [Corporation's] corporation's functions in a business-like manner consistent with the provisions of this Act and the policies and directives of the Board. The manager shall select the [Corporation's] corporation's agents and employees, define their duties, and fix their compensation. (b) The [Corporation] corporation, in accordance with such standards as the Commission established by this Act may from time to time prescribe, may, among other things: (1) Initiate and coordinate the preparation of long-range overall economic development programs for `the Natives and their descendants; (2) Foster surveys and studies to provide data required for the prepara- tion of specific plans and programs of development; (3) Invest in and promote (Promote] private investment in enterprises or activities which will improve the economic status of Natives and their descendants; (4) Develop, establish, operate, and maintain various business enterprIses or invest in such enterprises to develop, improve, and utilize skills and capa- bilities of the Natives and their descendants; (5) Make loans to Natives and their descendants in Alaska on reason- able terms and conditions to finance plant construction, reconstruction, con- version, or expansion, the acquisition of equipment, facilities, machinery, supplies, or materials, and for any other purpose that will promote effec- tively economic development for the Natives and their descendants in Alaska, where financial assistance applied for is not otherwise available on reason- able terms; (6) Make grants to one or more Native groups for the development and operation and maintenance of projects which will promote the welfare of the Natives and their descendants ; and (7) Lease competitively, in accordance with sound conservation prin- ciples and practices, the minerals held in trust by the (Corporation] re- gional corporation. (c) The (Corporation] corporations shall not be regarded as (an instrumen- tality] instrumentalities of the United States for any purpose and the United States shall net be responsible for the [Corporations] actions or debts of any corporation. The members of the Board, the manager, and the other officers, PAGENO="0144" 140 TAXATION agent~, and employees of (the Corporation] a corporation shall not be regarded as Fe~eral employees for any purpose (d) The (Corporation] corporations shall at all times maintain complete and accur~tte books of account and records which shall be reviewed by said Corn missiOn periodically The Commission shall periodically report to the Congress through the Secretary and the President but at not less than three year inter vals ~n the activities and financial condition of the (Corporation] corporations SE . 11. So long as the lands granted to a Native group by this Act and the mine al granted to the (Corporation] corporations are held by such group or by a Native or his descendants or by (Corporation] a regional corporation in fee or in tr~ist such land and minerals shall not be subject to State or local taxes upon re~al estate. Rents, issues, profits, royalties, and other revenues or proceeds de- rived from such lands by a Native or his descendant or a non-Native shall be subject to Federal and State or local tax laws. Payments made under this Act or ubder any State statute to the (CorporatiOn] corporations or Native groups shah not be taxed to the (Corporation] corporations or Native groups. Lease- hol4 or other interests in such lands held by non Natives may be taxed as pro vid~d by State law. No part of any per capita distribution made by a Native groi~p of any or aU of the funds granted to said group under section 14 of this ActJ or of any or all of the mineral revenues paid to said group by the (Corpo- ration] corporations under section 9 of this Act shall be subject to Federal or Sta~te income tax. (The Corporation shall be organized and operated in a manner which will enable such Corporation to qualify for tax exemption under section 5Oi~ of the Internal Revenue Code of 1954.] I ENROLLMENT SEc. 12. The [Secretary] Commission, wit/i, the assistance of the secretary, shell prepare a roll of Natives and shall prepare a roster of Native gioups eli giJ~le to~ receive any grant under this Act. Such roll and roster shall be deter- mined as of the date of this Act. Rolls of Natives and descendants (eligible to vdte in any election held pursuant to] eligible for beneflts~ or given rights under tl4s Act may be prepared by the (Secretary] Commission from time to time. B*fore any such rostel or roU is finally approved by the (Secretary] Commis- si~n, it shall be published in such manner as (he] it shall find to be practicable a4d effective, and an olDortunity shall be given to lodge protests thereto. The (~ecretary's] Uomm4s8ion's findipgs shall be conclusive. Each Native shall be a~forded an opportunity to be enrolled in the (city, town] Native group or vil- ~ge in which or nearest which he resides or in the (city, town] Native group o1~ village from which an ancestor came, under regulations issued by the (See- rotary] Commission. ~ ABORIGINAL USE SEC 13 The Secretary may permit the Natives of Alaska to use for fifty years r less from the date of this Act exclusively for hunting fishing trapping and erry picking purposes any land in Alaska that is owned by the United States, II accordance with applicable State and Federal laws and regulations and with he concurrence of the head of the agency administering such land. Any patents r leases hereafter issued for such lands pursuant to the. Alaska StatehOod Act, ~r the public land mining, or mineral leasing laws shall contain a reservation Ito the United States Ofthe right to issue for non-exclusive hunting, fishing, trap- ping, and berry picking purposes, permits for up to fifty years from the date of this Act. SEC 14 (a) In lieu of according the Natives any right to recover compensation for the extinguishment of aboriginal title there is authorized to be appropriated ~ and deposited in a special account in the United States Treasury to the credit of the Natives such sums as may be necessary to make a grant to each Native group (1) in an amount computed on the basis of ($3,000] $10,000 for each Native in said group except that in the case of any Thngit and Haida Natives in said group, there shall be deducted their pro rata share, after attorneys' fees and litigation expenses of the money )udgment awarded to them in Court of Claims / docket numbered 47,900, or (2). in the amount of E$180~ $500 million, whichever GRANT PAGENO="0145" 141 is the lesser sum. One-(thirdj tenth of the grant shall be deposited into the special account during fiscal year 1971 and the remainder deposited into the account in equal amounts in each of the succeeding (four] eighteen fiscal years and shall earn interest in the amount of 4 percent per annum. (b) Each year the Secretary shall apportion (90] 75 percent of the funds then in the special account among the Native groups in Alaska and 20 percent among the regional native economic improvement corporations. The apportionment shall be in the ratio that the number of Natives (in] on the original roll of each Native group or regional corporation bears to all of the Natives on the origi~na1 roll$. The funds apportioned among each Native group may be advanced, expended, invested, or reinvested for any purpose that is `authorized by the governing organization of the Native group and that is approved by the Oommission established by this Act. Each year the remaining funds then in the special account shall be credited to the $tatewide Native Economic Improvement Corporation. [and such] such funds, together with all other revenues available to the [Corporation] corporations, may be expended by the [Corporation,] corporations, in accordance with an annual budget prepared by each corporation [the Cor- poration] and not disapproved by said Commission. (c) Before apportioning any money under the provisions of subsection (b ) of this section to the Native groups composed of Tlingit and Haida Natives who participated in or received benefits from, the judgment awarded to the Tlingit and Haida Natives in Court of Claims docket numbered 47,900, the Secretary shall deduct the pro rata share, after the deduction of attorneys' fees and litigation expenses, of said money judgment. METLAKAHTLA INDIANS SEC. 15. The provisions of this Act shall not apply to the Native groups of Metlakahtla Indians in the Annette Island Reservation but such groups shall be eligible to receive any benefits the ~Statewide Native Economic Improvement Corporation may provide. ALASKA NATIVE COMMISSION Szo. 16. In order to assist the Secretary in the administration of this Act, the President [may] shall appoint an Alaska Native Commission of [not to exceed three] five members who shall serve [at the pleasure of `the President] for five years overlapping terms. (A majority of the] The members shall have been residents of Alaska for one or more years preceding appointment and at least two members shall be or be descended from Alaska Natives. The Commission shall be located within the Department of the Interior and directly under the secretary and shall have the duties and powers prescribed in this Act and in Chapter-, ELL.A. 1968, subject to the concurrence of the ,S~tate of Alaska, and such other duties and powers as the Secretary may from time to time delegate. The Secretary shall also prescribe the compensation to be paid to the members and provide for payment of Commission expenses, including employment of necessary personnel. The Secretary may utilize, with or without reimbursement, personnel and facilities of the Department of the Interior to assist the Commission in carrying out its functions. The seat, meeting place, and principal offices of the commission shalZ be located in Alaska. The final decision of the Commission shall be subject to julicial review. NATIONAL FORE5T LANDS SEC. 17. The Native groups shall qualify as communities within the meaning of section 6(a) of the Alaska Statehood Act and 100,000 acres of the land therein granted shall be granted by the f~ecretary of Agriculture to Native groups. APPROPRIATIONS ~Eo. 18. (a) There are authorized to be appropriated to the Secretary such sums as may be necessary to defray the costs of the planning, subdivision, survey, management, and disposal of lands under this Act, either directly by the Secretary or by contract, and to pay the e~p~nses of the Commission established by this Act, and to carry out other functions authorized by this Act. Such sums shall be available until expended. 98-181-68-10 PAGENO="0146" ~I 142 (b There is authorized to be appropriated to the Secretary such sums as may be nek~essary to pay all reasonable attorneys' fees and expenses actually incurred by a~iy Native or Native group, as determined by the Secretary, in connection with any claims pending at the date of enactment of this Act before the Indian Olair~is Commission, which have been terminated by reason of section 4 of this Act dnd in connection with all other c1c~ims of Alaska Native to lands which iilaims are settled by thi$ Act and Chapter-$.L.A. 1~968 including but not Zimited fo attorney's fees arising ol4t O~' related to oou~'t, commission, Zegislative proceed- ings~ and $ecuring the passage of said acts. (cD At the beginning of each Oongress the Secretary shall report to the Speaker of tile House and the Presiden~ of the Senate the grants mu~e under this Act and an estimate of the time needed to complete the grants. The reporting may be disc1ontinued when the grants are substantially completed. REPEAL SEC. 19. Section 3 of the Act of May 25, 192f~ (44 Stat. 630 ; 48 U.S.O. 355c) is hereby repealed. CO~MENTARY ON THE AMENDMENTS PRoPosEn By THE ALASKA FEDEEATION OF NATivES TO SECRETARY UDALL's PROPOSAL OF APRIL 30, 19G8 FOR SETTLEMENT ~F THE ALASKA NATIVE LAND CLAIMS ~p he Alaska Federation of Natives has reviewed the latest proposal of Secre- ta~y Udall for the settlement of the Alaska Native Land Claims and has prepared a substitute. The substitute includes the amendments necessary to make the p4oposal acceptable to the Alaska Federation of Natives. The AFN continues to support S. 2906, the bill prepared by Governor Hickel's Tusk Force. Political realities, however, suggest that an administration bill ~ith approval df the Bureau. of the Budget, is much more likely to be adopted b~ Congress. The substitute prepared by the AFN is intended to include the key provisions which the AFN believes are necessary for a fair and acceptable settlement of the land claims of Alaska Natives. Section 2 ( b) .-Two changes are suggested. First, the task force desired to extend benefits of the settlement to Alaska Natives who are adopted by non- i~atives. Without appropriate language as we suggest, such persons would not be i~nclu'ded on the rolls. I Second, there are many natives who are uncertain of their blood lines but they are regarded by their people as natives. The most striking example are the ~&ieut people who have heen in contact with wldte men for hundreds of years. ~The proposed amendment permits such persons to be included in the absence of proof as to minimum hlood quantum. ~ This language, however, does not help the native still living in a native culture whose blood quantum is known to be less than one-quarter native. This could be remedied by striking the words "proof of". The AFN has no strong opinion on blood quantum. TInder the task force bill one-quarter blood was included as a requirement largely in the belief that the Department of the Interior desired it. However, the task force permits benefits to be extended to persons of less than one-quarter blood in a manner somewhat similar to such provisions in Section 10 of this bill. Section 2(o).-The AFN endorses increasing the responsibility of the Com- mission and a number of amendments are made to do this including transfer of functions by these amendments from the Secretary of the Interior to the Corn- mission. The first is found here. All or most native groups are expected to incorporate either under federal or state law. Some language recognizing this should be included especially since native groups incorporated under AS 38.30.190 will be incorporated as business corporations. The State Act settling Alaska Native Land Claims passed by the 1968 Alaska Legislature includes incorporation provisions which are effective whether or not the state royalty goes into effect. Tf the state royalty does not go into effect the incorporation provisions are, in effect, optional. If the royalty does go into effect or if a subsequent legislature reinacts the state royalty, incorporation under state law or incorporation under IRA provisions is required in order to receive the state royalty. Section 4.-The AFN objects to cancelling pending claims before the Indian Olaims Commission. Our amendment leaves these claims pending. Perhaps group's PAGENO="0147" 143 having claims should be required to elect between the remedies provided by this bill and the prior legislation authorizing claims. We have not, however, prepared such an amendment. The preferable approach we believe would be to .br~den the offset provisions applicable to `the Tlingit-Haida claims in Section 14(c) to claimant before the Indiax~ Claims Commission. section 5(a~.-The AFN objects to granting land in trust to the Secretary which he then has discretion to grant to the native group when a land use plan has been prepared and approved. The AFN suggests the land be given in fee to the villages but that land not be disposed of except in accordance with a land use plan approved by the Commission. (Another amendment permits the native group the option of having its land held in trust). The AFN objects to villages located within federal withdrawals being denied any portion of their lands. As the map prepared by AFN Vice President Don Wright demonstrates, there are many such villages and it would be harsh and unjust to deny them any land. The amendment proposed in Section 5 (a) will permit such land to be granted to the villages unless it is within a national park or monument. If it is within a national forest it may receive land under Section 17. Even if such villages can o&tain lands now withdrawn, there will be villages which cannot be granted an adequate amount of land. Existing language permits the Secretary to make in lieu grants. We have added clarifying language, In view of our other amendment, that in lieu selections may not be of withdrawn lands. The AFN objects to the language which now strongly suggests' that only land contiguous to the village may be granted to the village. We suggest you only require that the land granted be within the area held by aboriginal title through use and occupancy. The AFN regards it as essential that an adequate land base be provided to each community which should include lands of future economic value whether or not they are contiguous~ Appropriate language has been inserted. t~ection 5(b).-The AFN ohjects to a limitation that grants may not exceed 50,000 acres. Assuming a village of 1,000 were to receive the maximum grant and smaller villages received proportionately less, the natives of Alaska would receive only 2.5 to 3.0 million acres. As' the map prepared by Don Wright shows, such a small grant would be indefensible. The natives of Alaska, through the task force, agreed upon 80 million acres, which they anticipated would be within the areas held by Indian title by each group. In a spirit of compromise and hoping to secure the support of the state `and federal government, `the task force reduced the request to 40 million acres, which has been accepted by the state. As Don Wright's map shows, if such a grant were made on the basis proposed in the task force bill, S. 2~)O(~/H.R. 15049, it would not take all of the best land in Alaska and because of the geographic location of Alaska's native population, there would be little conflict between the natives and non-natives desiring land. Our amendments require the Secretary to grant 40 million acres to natives but gives him some discretion in the amount of land that each village is to receive, however, no village shall be granted less than 320 acres per person. A village of 150 would, therefore, be assured of 48,000 acres. E;ection 3(c).-The Tlingit-Haida people hold by Indian title 2.6 million acres of Southeastern Alaska for which they have not received compensation. Since the compensation they do receive is set off against the money provisions of this bill, there is no justification for denying these people the benefits of the land grant provisions. The original language of this subsection has, there~ fore, been struck. section 5(d).~--.The AFN would prefer to give as little discretion as possible to the Secretary of the Interior as such discretion is almost invariably exer- cised by administration officials some distance removed from the Secretary and because the grant of such discretion tends to perpetuate dependency. If, however, the AFN must accept the formula of this bill rather than having land grant provisions with a selection process based upon the Alaska Statehood Act (as proposed by the task force) we believe that the Secretary should at least consult with native groups and give them an opportunity to nominate lands before making the land grants. The subsection requires such consultation. E'ection 6(b) .-This new subsection is a revision of the second sentence of SectIon 6(a) and requires no special comments. We are uncertain whether Section 6 adequately disposes of the problem of existing Indian reservations in Alaska. For example, the Tetlin Indian Reser- vation is not mentioned. As a matter of principle, the AFN believes that each PAGENO="0148" 144 group ~r village should receive title to its reservation lands and in appropriate cases ~hould be permitted to receive~ additional lands. ~S~eci~ion 6(c) .-The amendment parallels the amendment relating to land use pl~tns in Section 5. Becçion 7.-"Interim" is struck as unnecessarily restrictive. ~Jec~ion 7(a).-At the time of adoption of the State Act on native land claim~, `it was anticipated by the House Finance Committee of the Alaska Legis'ature which drafted the final language of the act, that the State of Alaska would enter into agreements with native villages South of 66° North and East of 152 0 West during the summer of 1968. The agreements would be on a case by c~lse basis and would determine which state lands would be made available to tI~e villages as a part of overall land claims settlement and which lands migI~t be selected by the state at the request of the villages in order to protect then~ from third party entries after the Secretary lifts the land freeze. The stat~, by law, agreed to not select any lands outside of this area for 18 months. Onl~ about one dozen villages are involved in the area where agreements are nec~ssary. By this pattern it was hoped that the natives throughout Alaska wot~ld then be able to join with the state in requesting the Secretary of Interior to l~ft `the land freeze. Unfortunately, not only have such agreements not been concluded, but negotiations have not even begun. At this time we, therefore, do ~iot have any substitute for Section 7 (a). J~ven though our amendments call for a grant of 40 million acres, much of thth will be in land now withdrawn and some of the balance will be in lieu lands as to which priority is not requested, so the limit on temporary with- dr*wals under this section may remain at 20 million acres. ~ection I (c).-The language is bPadened to require consultation as to with- dr~iwn lands prior to granting. The reference to withdrawing lands is eliminated a~ being ambiguous after the amendment. I $ection 7 ( e) .-So long as there are no revenues from lands they should be p~rmitted to receive fire insurance protection services at no cost. To simplify the a~nendment we have not included additional language in the task force bill which s~ould permit the contract for fire protection service if native owned lands pro- dtices revenues. t~ection 8.-The title is amended to cover the subject. section 8(a).-This proposed subsection does permit the native groups the Qption of holding a title to land by a trustee. The task force accepted such an ap- preach believing that it would reduce objections to the task force proposal and ~eeause it felt it would be a desirable device especially when a regional corpora- tion or statewide corporation acts as a trustee. The AFN does not desire the Secre- tary to act as a trustee. The AFN is willing to give the Alaska Native Commission ~he power to approve trustees. The commission might be given the explicit power of supervision of trustees, otherwise the trustees would be subject tO the Alaska Courts. ~S~ection 8(b).-This material has been broadened to cover land disposed of by either the group or the trustee. The AFN opposes applying the restriction of ~ 48 U.S.C. 355(c) to land held by natives. At the most, natives should have only the option to be so restricted. AS~OCtjOfl 9.-The AFN is opposed to granting the statewide corporation a one- half interest in the mineral rights even though the AFN may become that cor- poration under the terms of the Alaska State Native Land Claims Settlement Act. Rather it should be granted to the regional corporation. Also, we would. not object to giving the management rights to regional corporations provided the ` statewide corporation consents to all leases. As to distribution of revenues, we urge following the formula of 75% to the village, 20% to the regional corporation, and 5% to the statewide corporation. Such a formula was at one time considered by the task force but was rejected in favor of giving all mineral rights to the village level group. The foregoing formula, therefore, represents a compromise between the task force provisions and the present language of Section 9. (See Section 10) section 1O(a).-The task force proposed that the statewide corporation receive 5% of the monies and none of the land and that the regional corporations receive 20% of the monies and none of the land. In the opinion of the AFN, this is' a balanced approach in handling disposing of `the land and money under the laud settlement. The grant of mineral rights under Section 9 will further strengthen the re- gional corporations. / PAGENO="0149" 145 The AFN strongly endorses the regional corporation concept. The task force bill contained a number of provisions designed to strengthen the regional cor- porations even further through promotion of merger of villages into the appro- priate regional corporations. Following the State Act and the task force approach, the corporations are business corporations. While initially few, if any, will be able to pay dividends, eventually most or all will be able to and there is no good reason why this form of organization should not be used and there are many sound reasons for it. For example, the use of a membership corporation tends to encourage trIbalism. The ownership of property, inherent in the business corporation form through stock ownership, tends to promote pride and independence. Of course there is a danger that some natives may foolishly sell their stock. `So the Alaska `State law does not permit the first holder of stock to sell his shares and subsequent hold- ers must be Alaska Natives or descendants for 50 years. If `Congress finds these alienation provisions too restrictive, the AFN would be willing to have them modified. While the maximum number of regional corporations has heen set at 20, the number could be reduced to not more than 15. Reduction `below this, however, creates difficult problems `because of the wide diversity of races, tribes, lan- guages and dialects found among Alaska's Natives. Some of Alaska's native people were at war with each other `during the 19th century. While time is healing these wounds, language and `cultural differences remain. `Some persons have objected to both the village corporation and the regional corporation `concept on the ground that it will freeze the `people `to the land. This could happen but the task force, composed of native leaders, `is concerned that it not happen and their formula is intended to prevent "freezing villages in history". This was a factor behind adoption of the `business corporation form, It separates the property holding `and management entity `from `the municipal entity `which is free to incorporate under Alaska law. Benefits are not restricted on the basis of residency. The stockholders of the corporation are not tied to the land. Neither the village `corporation nor the national corporation `must restrict their activities to a geographical area. If opportunities for economic prosperity do not exist or are slender in a particular region, the region'a~1 corporation may conduct or invest in enterprises elsewhere within Alaska and with `approval of the Commission, outside of Alaska. Section 11-The `business corporations are not intended to be `and shall not qualify for tax exemption under Section 501 of the Internal Revenue Code. $eotion 12.-Reference to city and town is eliminated. Under state law native groups are based upon existing or historical native villages. The Secretary's proposal is ambiguous `as to whether it is following this approach. If it intends to recognize urban native groups, it would seem difficult to extend to such groups the land grant provisions of the act. The task force preferred to require the urban native to enroll on the rolls of "his" village. The reference to eligibility to vote has been changed in view of the `other amendments of the elimination of the membership corporation approach. ~S~ection 14 ( a) -The amendments are self-explanatory. Other witnesses will give the justification. The grant will be spread over 19 fiscal years instead of the five proposed by the Secretary in order to reduce the fiscal impact on the federal treasury of the increase in the grant to $500 million. section 14 ( S ) -The apportionment has been changed in accordance with our recommendation on regional corporations. The apportionment is based on a closed roil. section 16.-The Alaska Native Commission would be strengthened by the pro- posed amendments. While the AFN believes that the majority of the Commission should be native, since `the Commission will be supervising the use and expendi- ture of private property of Alaska Natives, by this amendment we will accept a minimum guarantee of representation. The other amendments are designed to ensure the Commission's Alaskan orientation and independence. section 17.-We propose `the amendment in order to make this section effective. As it now reads, it is unenforceable. Even with the amendment there may be diffi- culties in view of the history of applications for national forest land under See- tion 41(a) of the Alaska Statehood Act. Section 18 (b) -The attorneys for Alaska Native groups have fairly, for more than a year, advised their clients to seek a legislative settlement `rather than a jurisdictional act `so a suit could be brought before the Indian `Claims Commis- sion or ,the Court of Claims. If some Indian claims `attorneys `are suspected of post- poning Indian `claims case's in their `own interests, `such cannot be `sai'd of the I PAGENO="0150" 146 attori~eys who have been representing the Alaska Natives. There is grave doubt whet1~er the Secretary will approve attorneys contracts heretofore entered into on anfr basis and, if they are approved, there isn't any legal basis for compensa- tion. ~everthe1ess, it is clear that the attorneys have been performing valuable legal ~services which have helped measurably in obtaining a solution to the land elaii4s problem. They should be paid. The proposed amendment alleviates this prob~em. While the amendment provided for direct appropriation, such a's is not requ~red by AFN. It only seeks the assurance that the attorneys ~or various groups will be paid from `some source. ATTACHMENT A COMMENTARY TO FEDERAL ALASKA NATIVE CLAIMS ACT OF 1968 Draft of January 24, 1968 ~# enercti.-This commentary to the January 24, 1968 draft of the proposed Fe~1eral Alaska Native Claims Act of 1968, proposed by the Governor's Task Fo~ce on Native Land Olaims should be read in conjunction with the report of th4~ Task Force to Governor Hickel from its meeting of January 12-18, 1968. ~Uhe draft is still subject to revision, but the draft incorporates the policy dE~cisions of the Task Force and can at least be furnished "as is" to the Senate C4mmittee on Interior and Insular Affairs at its hearing in Anchorage on February 8-40, 1968. The draft should also be read in conjunction with the proposed state act and commentary thereto. ~S~ection 100. Purpose.-This is the preamble or purpose clause. It is based i~pon the preamble to the draft federal bill prepared by Attorney General Boyko f Alaska (hereafter the "Boyko Federal Draft"). The term "needed by" should e replaced by "to and by". section 101. Creation of Commiss'ion.-The commission has administrative nd limited adjudicatory functions. Hopefully, it will function fairly but in- ormally. Its primary function is to administer, over a long term, the legislative settlement of the land claims. The requirement that members be Alaska residents for five ( 5 ) years is very important to the Task Force, as is the requirement that Alaska natives be well represented on the commission. The Task Force would otherwise be opposed to granting the commission the powers vested in it by this Act. The Task Force would have preferred a commission with at least a portion of the members elected by and from all Alaska natives, but this was omitted in the belief that the Congress would not accept such a scheme despite the current poverty program requirements for representation of the poor on govern- ing boards. Compare Section 2, Boyko State Draft. ~eotio~ 102. Term of Office.-Overlapping terms are provided, and the corn- missioners are given tenure. Section 103. Compe,nsation.-The drafters expect the commission to be full time, or nearly full time during the first few years, later the duties will be less onerous, and they may then be compensated on the basis of the time they are engaged in their duties. ~eotion 104. Nominations.-If neither the Governor of Alaska nor the natives are to select any members of the commission, the Task Force feels their interest should at least entitle them to make suggestions to the President. This is here provided, but the President is not required to pick his appointees from among those nominated, as such a requirement can lead to an attempt by the suggest- ing agency to control the choice of the President by suggesting several, only one of whom would be acceptable to the President. ~ectioa 105. Location.-Phe Task Force deems it of utmost importance that this section be adopted. We do not wish to do our business with the commission in Wa~thington. &~otio~ 106. EmpZoyoes and E~vpenses.-This section requires no commentary. ~ectioi~ 107. Proce~ure.-No comment. gection, 108. Jurisdiction and Powers .-Since full adjudication of native claims will normally not be necessary the power of the commission to adjudicate claims is limited to the `extent necessary to carry out the state and federal acts. The Task Force does not expect a multitude of litigated native claims to be heard by the commission. PAGENO="0151" 147 While the commission Is primarily an administrative agency and no4 adjudi~ catory, when it is proceeding in disputed matters, notice and opportunity to be heard is required. section 109. Testimony of Wit~1es$e8.-No comment. section 110. FinaZ Determination of tke Uommis$ion.-While the commission is not expected to act like a court of law, this section establishes certain minimun~ standards for its decisions in disputed matters, in order to' make judicial review possible. ~eotion 111. Judicial Review.-Review is provided to the U.S. District Court for the District of Alaska. It is important to the Task Force that the review be to this court, as it is the one most competent to decide any appeal. It may not be the most sympathetic, indeed the drafters believe that historically this court has not been sympathetic to native claims, but this factor is outweighed by Its availability and competenc~ The scope of review is limited, in part because of a desire for economy and early settlement of disputes, and in part because even the commission's decisions in disputes are likely to be decided on broad public policy grounds rather than on precise legal rights. ~ectio~ 112. Attorneys for Native Gro~ps.-Phe United States has always con- trolled the contracts of lawyers with Indians. While the Task Force is not happy about this situation, as federal officials have, at times, misused this power, this section appears necessary. Since the commission will be meeting in Alaska, admission to the bar of the United States District Court for the District of Alaska, to which any appeals would be taken, is appropriate. This does not restrict practice to those lawyers resident in Alaska or members of the Alaska Bar Association. Seotion 113. OfflciaZ Documents.-Oompare Sec. 10, S. 2690. $eotio~ 201. Native Township Grants.-This and succeeding sections are based upon the selection procedures of the Alaska Statehood Act. The grants are to the local native groups, are in praesenti grants (`at least to the extent that the Statehood Act makes in praesenti grants, if it does) and the group, rather than the Secretary, selects the lands it desires. The total lands granted are 40 million acres, which are divided among the groups according to their "population", that is those on their rolls. However, as will be seen, a native need not be a village resident to be included on the rolls. Preliminary estimates of the number that will be enrolled is 80,000. [f so, the land selection factor will be 500, and each native group will be entitled to select as its grants 500 acres x number of persons on its final roll. For example' 500X300=150,000 acres. Section 202. Preferred Right of $election.-~General1y, the grant awarded each native group will be much smaller than the area it claims Indian Title to by' aboriginal occupancy. The Task Force considers it crucial to any fair settlement that each native group be able to get in its grant the lands most important to it.. Generally, `these will be lands in the immediate vicinity of the historic village, but some lands may be future village sites or lands of economic value, and so on. This section gives the group a preferred right of selection as against the State of Alaska and all others for a limited period of time so that it can obtain title to such lands. This preference right does not extend throughout the native claims area, however, but only to certain lands nominated and withdrawn withim six months of the date of the federal act under the next section. section 203. Temporary Withdrawal to Protect Preference Rights.-Phe Task Force recognizes `the interest of the State of Alaska in early resumption of state selection. This section, with Section 202, attempts to accommodate this interest with the interest of native groups in obtaining title to the lands most important to the several native groups. Each group nominates such lands for selection and the Secretary withdraws, in general, these lands from entry or selection by others. This permits the land freeze (continued by Section 213) to be lifted by the commission within six months after the passage of the federal act. The maximum acreage so nominated and withdrawn cannot exceed forty million acres. Section 204. Withdrawn Lands.-A major problem with any land settlement for the villages lies in the fact that many villages are situate on or are sur~ rounded `by lands which have been withdrawn or reserved by the Federal Gov- ernment. No satisfactory land settlement can be made without permitting the natives who have used and occupied these land's from time immemorial to obtain some minimum portion of these reserved and withdrawn lands. This section PAGENO="0152" 148 1/ proviaes four methods of making at least some of these withdrawn and reserved lands available for the native occupant. Subsection ( a ) is a redraft of a provision in S 1964 and is believed to be accej~table to the Secretary of the Interior Subsection (b) is a redraft of a suggestion which would have made the Alaska Nati~ve Commission tile deciding body on revocation of a withdrawal or reserva tion/ (with an appeal to Congress). It has been modified and thereby made less effe4tive in the belief that the original scheme would have been o:bjectionable to t~ie several departments. While the Task Force prefers the earlier version, it mfodified its position in hopes of obtaining departmental support. Subsection (c) is especially important for many villages will be unable to obt~un any land around the village unless such a provision as this is in the b1l1,~ subsection (d) is intended to make some minimum amount of the national forests available with the consent of the Secretary of Agriculture for the local native groups While the Statehood Act permits such grants it is only available to municipal corporations. While the Task Force would like to make mØre forest lands available, a limit of 100,000 acres was placed on this provision inf hopes of making it acceptable to the Department of Agriculture and to a oid any unwarranted *ant~gonistic reaction by conservation groups. Section 205. General Provision$ as to ~e'leotion.-fUhese provisions are a varia- ti n of those in the Statehood Act. F~ectioii 206. Temporary Rofl.-This is an essential step in the exercise of p eferential rights of selection as against the State of Alaska $ection 207. Final ftofl.-This section is self-explanatory. Note that the roll i~ not kept open. After-born children and others who later ~ come to light may share in benefits under the rules of the corporation, but cannot be added to the rolls. Section 208. Preferred Right of Selection as to Withdrctw~ La,nds.-T'his see- tion parallels a similar section in the Alaska Statehood Act, but gives the native group priority in its own area. ~ section 209. ~furveys an4 Patents.-This section parallels a simliar section ~n the Alaska Statehood Act, except that patent may be granted by description fb efore survey. Section 210. Toittative Approva~.-Phis is taken from the Statehood Act. section 211. Trttst.-This Is a redraft of similar provisions in S. 1064. Gen- erally, Alaska native groups are opposed to using a trustee, but some groups ~ may desire to use these optional provisions. section 212. In Lieu ~Selections.-The idea for this section comes from S. 1964, ~ and the idea recognizes that many villages do not have land in the vicinity ~ available for selection. The section permits such villages to select lands in other areas in Alaska but, since they will be selected primarily for economic value, the Task Force felt that such lands should be subject to a 1/6 royalty to the local native group and 1/~ royalty to the statewide native corporation. A native group will not be required to select all barren lands in its claim I area before being allowed in lieu selections. In lieu selection~ are not entitled to priority over state selections. $ection 213 Interim AdMvtn~stration Under Public Land Laws -This section which temporarily continues the land freeze, is a revision of Section 2 of S. 19434. $ection 214. Reservations and Reserves.-~This section is a revision of Section :3 of 5. 1964. $ectio~a 215. Native Allotment Act.-Th'is section is a revision of Section 5 ; of S. 1964. . S~eotion 216. Taxation and Local Laws.-This section attempts to provide a comprehensive set of rules of taxation of native township grant lands While there is no property tax on land in Alaska outside of cities and boroughs, the Task Force Was concerned with the possibility that the native : corporations might lose lands `through a real property tax on lands that were not producing revenue. As the corporations are the corporute embodiment of a tribal sovereign and, as Indian lands have often been exempted from property taxation, it was considered appropriate to provide such an exemption. On the other hand, the Task Force recognizes that it is proper for lands receiving benefits from municipal governments to pay for such benefits. In Alaska, as in many states, this is often done by the sovereign landowner making payments "in lieu of taxes" to the local government. The Alaska. State Housing Authority makes such payments on its low cost public housing projects for example. This device is here recognized. PAGENO="0153" 149 In keeping with the business corporation approach, the revenues from these lands are taxable under the income tax laws of Alaska and the United States~ The Alaska Constitution, in keeping with modern theory, makes private interests in government property taxable to the private holder, and the same principle is adopted here. The section also makes native township grant lands generally subject te state and local laws, such as planning and zoning, building codes, `and so on. Compare Sections 3 (b) `and 1 (e) `of S. 1964. ~ectiom 217. Federal Highway Allocations and Fire Protection.-The first paragraph of this section is a revision of Section 7, 5. 1964. The second paragraph is intended to solve another potentially serious prob- lem, by `having the Bureau of Land Management continue to provide fire protec- tion at no cost on lands which produce no revenues. The State of Alaska does not receive such revenues free, `and this has been a factor tending to prevent early selection of lands granted by `the Statehood Act. Section 218. Rights of Certain Occupants.-These provisions are revisions of provisions in S. 1964, see Section 3(e), (h) , Page 5. ~S~ection 219. Additional Township Grants-This section is a safety valve. As a legislative settlement cannot, by its nature, deal with the equities of each group of natives, some groups may receive an inadequate settlement. The See- retary is empowered to give relief in such situations. Although the section is the result of a suggestion from an Interior Depart- ment representative, and the language is drawn from Section 3 (a ) , Pages 8-9, of S. 1964, the section at this time represents only the position of the Task Force. Section 220. Priority Between state and Netive selections Absent Preference Right&-This section establishes a general rule that absent preference rights first in time are first in right as between selections by native groups and the State of Alaska. While the Task Force expects that native groups will use their land selection rights immediately, and select perhaps as much as thirty million acres within a year after the federal act is adopted, many native groups will hold some selection rights in reserve, and under Section 201 they will have twenty-five (25) years in which to exercise their selections. So there will be conflicts be- tween state and native selections, even between native selections in the future. The rule of first in time, first in right seems a fair way of resolving these conflicts. $ection ~21. Contracts Wit!?, The Alaska Division of Lands-By this see- tion native groups are empowered (and, in effect, encouraged) to enter into land management contracts with the Alaska Division of Lands. The native group retains policy control. The Division of Lands now provides such services to the boroughs of Alaska (which, under the borough act, are entitled to select 10% of the state lands in the borough). Section 222. Conveyance, Release and Redistribution of Land ~S'election Rights- Some native groups may not desire to exercise all of their land selection rights. The first paragraph permits the rights to be released to the Alaska Native Commission, which may redistribute the rights upon the basis of need and equity. Released land selection rights should not be offset against an award in the Indian Claims Commission. As the State of Alaska has received patent to some areas which villages consider important or critical to their well being, they may contract with the State of Alaska to obtain these lands. The second paragraph is intended to provide for such acquisitions. The third paragraph is self-explanatory. As some groups may not use all of their selection rights in twenty-five years, the fourth paragraph provides for the redistribution on the basis of need and equity of any "leftover" selection rights. section 22~. State Not to Lose Entitlement.-As certain state selections will be voided by native group preference selections, it is appropriate to make clear that the state in such cases does not lose its selection rights. section 301. Grant of Royalty-Sections 301, 302, 304, 305, 306 and 308 are a Task Force revision of a draft submitted to the Task Force by representatives of the Interior Department. In Section 301 the principal changes are that the royalty is made a present property interest and the initial term is extended from 10 to 25 years. It i~ understood that these changes are supported by both Interior Department and Governor Hickel. PAGENO="0154" 150 ~e tion 302. Advance on RoyaLty.-This section is believed acceptable to both :Tntertior and Governor Hickel. The Task Force would prefer a greater advance Toya~ty, but decided to ask for $20,000,000, about $250 per person on the rolls, -as they considered that a greater asking might antagonize some persons. section 303. Gompntation of Term.-Tbis section, which is self-explanatory, in ef$~ect guarantees the natives that they will receive at least $65,000,000 during the twenty-five year term. This recent addition to the legislation has, to date, only received the approval of the State of Alaska. The Task Force believes that som~ such provision should be included. ~S143ction 304. Modification and Termination.-A revision of the Interior draft, *thi~ section is self-explanatory. B~wtion 305. Distribution to Native Groups.-See generally, on this section and :Secjtions 306 and 307, the report of the Task Force to Governor Hickel. section 306. Distrib~ttion to Native Region~Z Corporation.-See comments to Seqtion 305. ~ection 307. Distribution to Native Statewide Uorporation.-Self-explanatory. section 308. Temporary Advancements.-Taker' from Interior draft, this re- vised provision will permit possible distribution of funds before the final rolls ~ar~ completed. ~ectio~i 309. Development of Revenues.-Tbe Task Force believes that if the n4tives are to accept the gamble offered by Secretary Udall in lieu of compen- sation for their lands, including those already lost, the United States should edmmit itself to play the game. We would not want the United States to later ~d dde to lock up the outer continental shelf. section 401. Aboriginal Use a'iuz Occnpancy.-This section is a revision of ~3 e) , p. 10 of S. 1964, but it is much broader and the permit period on third ~p rty lands is extended to 100 years. &~ction 402. Termination and Uompensation.-This section notes the methods ~o termination of aboriginal rights, and provides that such termination shall be don-compensable. It assumes an adequate overall settlement. Section 501. Final Settlement of Native Olaims.-Oompare Section 6, S 1964. $eetion 502. Time for Filing qjlaims.-Self-explanatory. Note that the prin- ~ipa1 purpose of the claim is to delimit the area within which a group has pref- erence rights of land selection. Section 503. Conflicting Clctims.-Because of the limited function of claims, relatively little litigation is expected on conflicting claims. ~Seotioi~ 504. Claims of New Viflages.-Native villages have relocated or been reestablished during the last 100 years as a result of volcanic explosion, flood, loss of game, and other reasons. This section permits these villages to participate in the settlement. Section 505. Claims of Abandoned Viflages.-This section provides for situa- tions such as Kenai, where the native village has been absorbed, and villages which have been involuntarily abandoned. In the latter case, only a few native group corporations based upon abandoned villages are expected, as most mem- bers of these villages have formed or have affiliations with other groups. S~eetion 506. Merger of Ula4ms and Groups.-While Alaska natives historically have not had strong central organizations, a move in this direction has been evident in recent years. The Task Force believes this movement should be rec- ognized and encouraged. Section 507. Enrollment.-Tbis section provides for the principles of enroll- ment. Generally, the group is the judge, but every native is entitled to enroll- ment and may apply to the commission for relief if he is denied enrollment. ~Section 508. Enrollment of Regional Native Corporations and the Statewide Native Uorporation.-Self-explanatorY. Section 509. Ecocli~~ion of Metlakahtla Indians.-Compare Section 4(b) of S. 1964. Section 510. Alaska Federation of Natives and Regional Assooiations.-Phis section permits certain existing organizations to become the statewide native corporation or regional native corporations provided for in this act. Also, it provides for effective merger of villages into regional associations, a development which is now occurring. Compare Sec. 506. Section 511. Uontin'uation of Programs.-The Task Force regards the proposed settlement as modest. After its accomplishment the average native for many years will still need the benefits of existing Bureau of Indian Affairs programs. The settlement should not be used as an excuse to terminate Indian programs. Section 512. Incorporation.-This section establishes some basic rules for incorporation under state law. / / PAGENO="0155" 151 Section 518. Alternative Inoorporatio~ Under the Indk~n Reorganization Act.- Se1f~exp1anatGry. Secti&ri 514. Ta~vation.-This section est~blishes certain general rules ocf taxa~ `tio~n. It sho~i1d be revierwed a~d revised by an expert in drafting tax 1egis~1athn. section 515. At~thorization for Appropriation.-Oompare Section 3 (j), ~* 7~ ~s. 19e~4. Section 516. Deflnitions.-These are generally self-explanatory. Note that cer- `tain urban native groups, such `as the Fairbanks Native Association, which do not as a group claim Indian Title, are not "native groups" under the act Their ~members must be enrolled on the rolls of their historic villages. $ection 517. tS~hort Title.-No comment. ATTACHMENT B TAsK FORCE COMMENTARY ON STATE ALASKA NATIVE CLAIMS ACT Draft of January 24, 1968 GENERAL The proposed state act is a companion measure ~o the proposed federal `act. Both bills `are components of an overall approach to `settlement of the Alaska native land claims problem. They represent the results achieved by the Governor's Task Force `on this subject, comprised `of v'ario~s native leaders from `throughout ihe state. After `many months of effort `by this group this two-fold legislative proposal has emerged. The Task Force members have met frequently with state and fed- oral officials, have negotiated tentative agreements on certain item's of these bills, ~ and have `spent considerable time discussing the terms on which `a legislative settlement could best be `obtained on terms fair to the State of Alaska, the govern- ment of the United States, the natives of Alaska, and the public at large. The proposed bills represent the considered views of the Task Force on what wonld be an adequate and fair settlement. The primary legislation for settlement must come from the federal government. The state legislation, except for the royalty provision, i's largely for the purpose of implementing the proposed federal act. Accordingly, the proposed state bill can only be understood completely `by reading it together with the companion federal bill and the commentary thereon. CHAPTER I. ALASKA NATIVE COMMISSION This chapter recognizes and vests power in th~ federally created Al'a~ka Native Commission to carry out the functions committed to it by the Alaska act. While the bulk of the commission's functions will be concerned with admin- istering the federal act, there are areas where it would perform functions for the state. The iinportanit actions committed to it by the state bill would be the distribution of the sitate royalty under the same methods as `the federal royalty is distributed, and the supervisory control over native corporations' set forth in Sections 301, 304, 309, 310 and 3,11 of the pro~osed state act. There are, of course, other commission functions contained in the proposed federal act which affect the State of Alaska. For an understanding of these one should refer to that proposed act. CHAPTER II. ROYALTY The royalty granted by the state would consist of 5% of the monetary reve~ nues received from certain state lands after the passage of the act. The royalty would not apply `to lands from which the state is now deriving revenue or lands which have been conveyed to third parties. It would not apply to the future reve~ flues received by the state as a share of the proceeds derived from federally owned lands in Alaska, which share is granted by the Alaska Statehood Act. The royalty would not commence until there has `been a lifting of the current federal "land freeze". Thus, the royalty grant would have no impact on current state revenues, nor on future revenues from state lands which are economically prodiuctive at this time. The r'oyalty looks only to future development of land's, and would in effect give the natives of Alaska a stake in that future. PAGENO="0156" Grant of Royaity. Property Interest. Royalty Sources. Distribution of Royalty. Apportionment of Royalty. Temporary Trust. Development of Revenues. Final Settlemenit of Native Claims. ROYALTY $01. Certificate of Incorporation. 802. Membership and Stock. 303. Voting Rights. 304. Purpose. 305. Capital. 3O~i. Not a Government Instrumentality. 307. Residency Requirements. 308. Prohibition on Per Capita Distributions. 309. Limits on Distribution. 310. Dissolution. 311. Merger and Consolidation. 312. Taxation. 313. Rules and Regulations. GENERAL PROVISIONS 152 The ~oy.a1ty would be distributed to native groups on the same basis as that provid d in the federal bill. CHAPTER III. INCORPORATION OF NATIVE GROUPS The aim of this chapter is to establish a form of business corporation by whieh~ the native beneitciaries of the state and federal acts can engage in busi- ness ~nterp'rise under condition~ of modem commercial and corporate law. The basiC model i~ the general business corporation contemplated by exist- ing A~aska law, which in turn is based on the 1\fodel Business Oorporiation Act. A nui~ther of sections then alter this basic form so that certain safeguards are proviçled against the dissipation of native assets, and so that the bene~titss of the qorporate assets, for several generations to come, will be made available only to proper native beneficiaries. There are also provisions whereby there can be dijsitributions of assets to natives under conditions not normally encountered in ai~ ordinary business corpoilation. Tl~e taxation provisions are designed to exempt the lands and royalties re- ceiv~d by the native corporation, but to render taxable all protits or dividends dented from corporate .h~jj~4ness activity. B~ca~ise there may be unforeseen instances where the Alaska corporation laws may require further adjustment to the purposes of native group enterprise, the A1a~ka Native Commission is given authorit~ to issue regulations which would bring about such necessary adaptation of the ordinary business corporation to ijative goals. This will eliminate the need to burden future legislatures with mii~or statutory amendments, and it will allow the commission to resolve cer- taii~ problems concerning the structure and functioning of these corporations which may arise from time to time. `1~he Task Force views this chapter as embod~ying the best current thought on bow native business enterprises should be conducted. It would place these eul~erprises on a modern and businesslike footing, but would permit these cor~ po~ations to serve native group needs adequately. ATTACHMENT C TABLE OF CONTENTS-PROPOSED STATE BILL ALASKA NATIVE COMMISSION Section- 100. Purpose. 101. Acceptance of Federal Commission. 1~2. Criteria for Determining the Acceptability of Federal Commission. 103. Jurisdiction and Powers. 2q~1. 202. 203. 204. ~o5. ~06. ~07. ~08. INCORPORATION OF NATIVE GROUPS 401. Contracts With the Alaska Division of Lands. 402. Exchange of Lands. 403. Definitions. 404. EffectIve Date. &~ction 100. Purposes It is the policy of the State of Alaska to assist in the settlement of land claims by Alaska natives, based upon aboriginal use and occupancy of Alaska lands, to provide a royalty from certain revenues from state lands as pert of the compen- PAGENO="0157" 153 sation to be paid to Alaska natives for the taking of their aboriginal land rights; to provide by law a special form of corporation to enable Alaska native groups to carry on business enterprises in a modern form of business organization, and to vest powers in a federally created Alaska Native Commission for the purposes of carrying out this Act as well as federal legislation which may be enacted to settle the land claims of Alaska natives. Section 101. Acceptance of Federal Gominthsion, If legislation is enacted by the United States whereby a commission is created which is capable o~f performing the functions o~ the Alaska Native Commission set forth in this Act, the State of Alaska does hereby designate and constitute such commission as the agency for carrying out the Alaska Native Ck'mmission purposes and functions set forth in this Act. Upon enactment of federal legislation creating such a commission, the Governor of Alaska shall determine whether it is substantially capable of performing the functions of the commission otherwise set forth in this Act. If the Governor so determines~ in the affirmative, he shall certify and make public his determination, whereupon the federally created commission shall become the agency to perform the functions set forth in this Act. Sectioi~ 102. Criteria for Deter'iwin~ing the Aeceptci,biUty of Federal Commission In making the determination under Section 101 hereof, the Governor shall be guided by the following minimum standards of acceptability of a federal com~ mission to discharge the functions set forth in this Act: (a) It must provide that its members 1e Alaska residents. (b) It must provide for staggered terms of office. (c) It must provide that at least a majority of its members be Alaska natives as defined herein. (d) It must provide that the State of Alaska may vest power in it. (e) It must be empowered to make final determinations of the matters committed to it by this Act, where this Act requires such ftnal determinations. Section 103. Jurisdiotio~ and Power$ The commission shall exercise the functions and powers set forth in this Act. The commission may investigate all matters which are the proper subjects of its action. It shall have the power to call upon any of the departments of the state government for information it deems necessary to perform its duties and functions. The commission shall give reasonable notice to the interested parties before it and an opportunity to be heard before making a final determination `on any disputed matter. ROYALTY Section 201. Gran~t of Roya~1ty Eectio~ 202. Property Interest The state hereby grants to Alaska natives a royalty and share in certain proceeds from `state and federal lands, `on the terms and conditions following. `The `royalty shall consist of 5% of the pro'ceedsi subject to this Act. The royalty is by this Act `an irrevoicahle grant, `and the right of Alaska natives to the same vests on the day this Act becomes law. Section 203. Royalty Sources The proceeds subject to this Act are all monetary revenuesi which are received by the state ; after the effective date of this Act, from, the sale, `lease~ exchange, or other disposal of Lands which have been or are acquired hereafter by the state under Section 6 of the Alaska Statehood Act (72 `Stat. 339), as `amended, including tideland's and submerged lands owned by `the state pursuant to the grant `contained in Section 6(m) of the Alaska `Statehood Act. The royalty does not apply to (a) landis `the fee simple title to which has been conveyed by the . state to other persons before the effective date of this Act, (b) to tidelands and submerged lands which are or have `been conveyed to others under ~S 3&05.820, (c) to revenues received b~y the state after the effective date of `this Act, fr~~ni ~ any then existing contract of sale, lease, contract of exchange or other contract ~or the disposal of lands or any such contract entered into pnrsuant `to a then existing option for sale, lease, exchange or `other disposition, (ci) to rev:enue~ due ~r received before the Governor ot' Alaska certifies that the "land freeze" has ~been lifted or substantially lifted and the state is able to resume selection of PAGENO="0158" 154 lands a~warded to it under the Alaska Statehood Act, or (e) to revenues receivecli as the ~tate's ~1~are of revenues from public lands pursu~nt to Section 28 o~f the Maska~ Statehood Act. sectio4 204. Distribi~tior~ of Royalty Phe/ royalty shall be distributed to three classes of recipi&its : (a) 75% to~ incorp~rated native groups, (b) 20% to regional native eorr~orations, and (c) 5% to ~ statewide native corporation. ~ectioh 205. Apportion~inent of Royalty The apportionment o~f the royalty shall be based upon the urnuber o~ persons on the final rolls and distribution shall be made under rules and regulations adopted by the Alaska Native Commission substantially in accord with the distribution of federal royalties from the outer continental shelf. Section 206. Temporary Trv~st Un~;il the commencement of corporate existence of any recipient corporation~ and tintil a determination of the areas of village and `regional occupancy has beenl made by the commisscion, the proceeds from the royalty shares for suth~ entit~ies shall be held in trust by the state. Immediately upon the commencement of e~rporate existence of any such corporation, and the completion of the tern- pora~y rolls of such corportaition, the state shall pay over to such corporation 75%J of its estimated share `o~ the royalty. Like payments shall be made at in- terv~tls of not less than once each calendar year thereafter until the final rolls of all corporations have been certified and all royalty shares can be finally determined. Section 207. Development of Revenues The Commissioner of Natural Resources shall proceed with the economic de- vel pment of lands subject to the royalty granted herein by this chapter ex- P0 itiously and without delay. The commissioner shall annually report to the Al ska Native Commission established by federal law on the status of and plans for such development, and the commission may thereafter make its recommenda- tb S thereon to the Governor. ~e tion 208. Final Hettlement of Native Claims ~he provisions of thIs Act shall be regarded as full settlement of all claims against the State of Alaska based upon aboriginal .rtght, title, use, or occupancy of lands in Alaska by natives of Alaska. INCORPORATION OF NATIVE GROUPS S~otion 301. Certificate of Incorporation I Under such rules and regulations as the Alaska Native Commission may pre- s~ribe, each native group, regional native corporation, and the statewide native c~rporation entitled to benefits under this Act or the Federal Alaska Native Qlaims Act of 1968 shall incorporate under the Alaska Business Corporation 4ct, as modified by this A~t and said rules and regulations, except those native g~roups which elect to incorporate ui~der the Indian Reorganization Act. Until 4~ne hundred years after the effective date of this Act the articles of incorpora- lIon and all amendmeifts shall be subject to the approval of the commission. section 3O~. MembersMp and $tock All natives enrolled on the rolls of the native group incorporated or to be in- ~orporated under the Federal Alaska Native Claims Act of 1968 shall be the ~nitinl members and shareholders of the incorporated native group. Each such ~neanbership sMll be represented by one hundred (100) shares of the capital stock of the corporation, of no par value, which shall be issued to each member. Shares of stock `shall be inalienable from the first holder of the share's, by opera- tion of law or otherwise, except upon~ his death when the shares shttll pass by devise or inheritance free of any claims `against the estate. When ownership of shares passes by devise or inheritance, such shares shall be partitioned, so far as may be practicable, in whole shares among those entitled thereto. The corporation shall retire by purchase any shares in which fractional interests valued at less than one hundred dollars ($100.00) exist. The `second holder of shares of stock must be or be descended from at least one of the first members of the incorporated nfitive group, the third and ~sn'bsequent holders must be or be descended from at least one of the first members of the re- PAGENO="0159" 155 gional native corporation and, after a term of not less than twenty-five (25)~ years, nor more than seventy-five (75) years after the effective date of this Act, as detern~ined by the A1asi~a N~tive Commission as to each incorporated native group, subsequent holders thereafter need only be or be descended from at least one of the first members of any native group incorporated under Section 301,. until one hundred years (100) after the effective date of this Act. Thereafter, the stock shall be freely alienable. Nothing `in this section shall prevent the corporation from adopting any provision restricting stock ownership permitted ordinary business corporations. A person not entitled to hold stock may lawfully acquire stock by devise or inheritance, in which event the corporation shall purchase such stock at its fair value. Section 303. Votii~g Rights All ~hares shall carry voting rights and cumulative voting is required. Stock held by ~L minor may be voted by his parent or guardian. $ection 304. Purpose The corporations may carry on any lawful business permitted by the Alaska Business Corporations Act in Alaska and, with the consent of the commission, outside of Alaska. All investments in securities shall be in accordance with an investment program which makes provisions for skilled investment counsel. To the extent permitted by its articles and by-laws, the corporations may make distributions from earned surplus or capital as gifts, grants or loans to share- holders, descendants of the first holders of the shares of the corporation and to persons of at least one-sixteenth native blood who would have been eligible for membership as a first holder but for the lack of sufficient blood quantum and who are enrolled by the corporation upon a special roll, provided that no gifts or grants shall be made after a period of time of not less than twenty4lve (25) years nor more than fifty (50) years, as determined by the Alaska Native Corn- mission for each corporation, provided further that after such period the cor- poration may make charitable, educational and other donations as allowed by the Alaska Business Corporations Act. The regional corporations may make distributions from earned surplus or capital as grants or loans to native group corporations of the region of such regional corporation and to municipal corporations and native villages within the region. The statewide corporation may make distributions from earned surplus or capital as grants or loans to regional corporations or native group corporations. Sectiou 305. Capital The capital of the corporation shall consist of the land conveyed to the cor~ poration by the United States under the Federal Alaska Native Claim Act of 1968, entered at its fair market value upon receiving the conveyance therefore, the monies received from the royalty in revenues received from the outer con- tinental shelf, and the monies received from the royalties in revenues from state lands and in revenues from federal leases received by the state, granted by the State Native Claim Act of 1968. Section 306. Not a Government Instrumentality A corporation organized under this chapter shall not be an agency or instru- mentality of the State of Alaska or of the United States for any purpose, and the State of Alaska and the United States shall not be responsible for the corpora- tion's action or debts unless specifically guaranteed or insured. Section 307. Residency Restrictions Residence shall not be restricted, and residence or proposed residence shall not be made a restriction on membership or shareholding, voting of shares, or receipt of benefits from the corporation, provided that distribution of land in kind for townsite lots, fish camp sites, or other aboriginal use may be limited to residents, but continued residence shall not be made a condition of any such distribution of land in kind. Section 308. Prohibition on Per Capita Distributions The corporation shall not' make any per capita distribution, provided that the corporation ma~y declare and pay dividends as any other business corpora- tion and provided further that distributions in partial liquidatwn or liquidation PAGENO="0160" 156 may be made after one hundred (100) years after the effective date of this Act. Section 309. Limits on Di$tributions Di~tributions under Section 304 may be made subject to the following pro visiokis I ( a ) The persons if any eligible for such distributions shall be estab ~Iished by the articles of incorporation (b) Eligible persons may make applications for gifts grants or loans to improve their personal conditions under standards prescribed by the by- I laws subject to the approval of the Alaska Native Commission. If the pur- ! pose of the application is to allow the applicant to move himself or his ~ family from the village or from Alaska, this shall not be a. bar to approval ~ of the application. Approval shall not be a bar to a subsequent application from the same applicant. (c) The corporation shall not distribute more than one hundred sixty (160) acres to any person including all persons in his immediate family ~ and shall not distribute more than ten percent (10%) of the land it receives under the Federal Alaska Native Claims Act of 1908 in kind to applicants I The distribution shall be under standards prescribed by the by-laws subject I to the approval of the Alaska Native Comm1ss~on. I (d) The corporation shall not distribute more than twenty percent (20%) I of its other capital as distributions. ~ection 310. Dissolution I During the period of one hundred (100) years after the effective date of this Act, any corporation may be dissolved only if the Alaska Native Commission ~1etermines that such dissolution would be in the best interests of the share- holders, which determination shall be subject to veto by the Governor of Alaska or the Secretary of the Interior. ~eotion 311. Merger and Consolidation I Any native group or native group corporation may merge with any other ~ native group or native group corporation, or, together with all other native groups and native group corporations of the region, with the appropriate re- gional native association or corporation Regional native associations and cor iorations may merge. All mergers shall be subject to the approval of the Alaska I Native Commission, including those occurring before the date of this Act. j~ Section 312. Ta~ration (a) Lands held by a corporation and revenues therefrom shall be taxable to the extent provided by the Federal Alaska Natives Claims Act of 1968 (b ) Royalties received by the corporation from grants made by the said Act or the State Native Claims Act of 1968 shall not be taxed to the corporation. (c) Dividends paid to shareholders shall be taxable to the shareholder. (d) Distributions during the period distributions are permitted shall not be taxable to the shareholders or other recipients. (e) Liquidation payments shall be taxable, but only to the extent of gain during the period the property was received and held by the commission. section 31~J. Rnles an~I Regulations The Alaska Native Commission may adopt rules and regulations to implement this chapter. GENERAL PROVISIONS &~ction 401. Contracts With The Alaska Division of Lands A native group (or trustee therefor) may contract with the Alaska Division of Lands for the management of lands granted to it under this Act, provided that no sale, lease, exchange or other disposal of such lands may be made with- out the approval of the governing body of the native group (or the trustee). The contract may cover all or a portion of the lands of the native group, shall be terminable upon reasonable notice by either party, and shall provide for the terin~ of management by reference to law or regulation or otherwise. section 402. Ewclwnge of Lands Any native group which would otherwise be entitled to exercise preference right selection otf native towm~hip grants' on lands which however have been selected by and patented to the State of Alaska may obtain such lands if the same have not been disposed of by conveying land of equal value to the State PAGENO="0161" 157 of Alaska, subject to such rules and regulation as may be made by the Alaska Native Commission. Section 403. Døflnitions As used in this Act, the terms "native group", "native", "Alaska native", "regional native association", "regional native corporation" and "outer conti- nental shelf" shall have the meaning ascribed to such terms by the Federal Alaska Native Claims Act o~ 1968. Sectioi~, 404. Effective Date The effective date of this Act shall be June 1, 1968. ATTACHMENT D Cs FOR HousE BILL No. 672, IN THE LEGIsLATURE ø~ TIlE STATE OF ALASKA, FIFTH LEGISLATURE, SECOND SEssION A BILL For an Act entitled "An Act to provide for state contribution and action to encourage and facilitate final settlement of Alaska native land claims by the federal government ; and providing for an effective date" Be it enacted by theLegi$lature of the State of Alaska: SECTION 1. DECLARATION OF INTENT. It is the policy of the State of Alaska to. join with the federal government in a legislative effort to provide a fair, speedy and equitable method for the settlement and satisfaction of the Alaska native land claims. It is the position of the state that in accomplishing this purpose it is in the public interest to minimize procedural delays, remove technical obstacles, to create a public body composed of residents of Alaska with power to process, determine, and expedite the claims and to perform other functions: to carry out the provisions of this Act. in order to facilitate and eneonrage a fair settlement of these land claims between the Alaska .n~atives and the federal government, it is considered in the best interest of the state to' make a reasonable contribution to the settlement on the part of the state, by providing that certain royalties or shares of the proceeds derived from state lands be made available to native groups in Alaska as compensation for relinquishment of part of their claims based on aboriginal use and occupancy of lands in Alaska, and thereby to settle with finality all such land claims of Alaska natives insofar as the State of Alaska is concerned. Sec. 2. AS 38 is amended by adding a new chapter to read: . "Chapiter 30. Alaska Native Claims State Settlement Act of 1968 "ARTICLE 1. ALASKA NATIVE COMM155ION "SEC. 38.30.010. ACCEPTANCE OF FEDERAL CoMMIssIoN. (a) If legislation is en- acted by the United States before April 15, 1969, whereby a commission is created substantially like, and capable of performing the functions of, the Alaska Native Commission set out in this chapter, the state does hereby desig- nate and constitute the commission as the agency for carrying out the Alaska Native Commission purposes and functions set out in this chapter. " (b) Upon the enactment before April 15, 1969, of federal legislation cr~ating such a commission, the governor shall determine whether it is substantially like, and capable of performing the functions of, the commission as set out in this chapter. If the governor determines in the affirmative, he shall certify and make public his determination, whereupon the federally created commission shall become the agency to perform the functions set out in this chapter, and the commission provided for in sees. 30-130 of this chapter shall not come into existence. If the governor determines in the negative, sees. 30-430 of this chapter become operable immediately. " (c) If no legislation has been enacted by Congress by April 15, 1969, creating a commission to act in the matter of Alaska native land claims, sees. 30-130 ot this chapter become operable immediately. "SEC. 38.20.020. CRITERIA FOE DETERMINING ACCEPTABILITY OF FEDERAL CoM- ~vII5SION. In making the determination under sec. 10 of this chapter the governor shall be guided by the following minimum standards of acceptability of a federal commission to discharge the functions set out in this chapter: "(1) it must provide that the State of Alaska may vest powers in the commission provided by this chapter, except that any additional powero vested in the commission after the effective date of this chapter shall be subject to approval of Congress; 98-181-----68---11 PAGENO="0162" 158 "(2) it must prwide for staggered terms of office; "(3) it must provide that at least a majority of its members be ~1aska natives as defined in this chapter; " (4) the Alaska residence requirements for members' of t~e commission x~ust be substantially the same as those prescribed in see. 30 of this chapter; " (5) the scope of judicial review of actions' and final determinations of l~he commission must be at least as ample as that set out in sec. 130 of this ~hapter; " (6) it must be empowered to make final determinations of the matters ~ommitted to it by this chapter, where this chapter requires final deter- ~ninations. "~EC. 38.30.030. CnnATioN or STATE COMMISSION. There is created in the office of the governor an Alaska Native Commission to exercise the duties and powers conferred upon it by this chapter. The commission shall be considered as the heakl of a regulatory and quasi-judicial agency of the state. The commission con- sisl~s of seven members, appointed by the governor and confirmed by tt majority of the members of the legislature in joint session. At least four members shall be Alaska natives as defined in this chapter. Each member of the commission shall have been a resident of Alaska continuously for at least five years before his kp~ointment and must remain a resident during his term of office. In appointing members of the commission due regard shall be given to obtaining fair geographic ar~d ethnic representation. "Sue. 38.30.040. TERMS OF OFFIOF. The members initially appointed by the gov- e~nor shall be given terms of office of one, two, three, four, five, six and seven y$rs respectively, the terms to commence upon the day the sections of this chap- t*r concerning an Alaska Native Commission become operable. Their successors. s~ all be appointed for terms of seven years by the governor in the same manner ~nd subject to the same qualifications as the initial appointments, except that a l~ erson chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he succeeds. Upon the expfration of his term of office a ~nember shall continue to serve until his successor has been appointed and is qualified to take office. The members of the commission shall choose a chairman from the commission's membership. Any commissioner may be removed by the governor for inefficiency, neglect of duty, malfeasance in office, or engaging in conduct which violates any conflict of interest laws of the state, and such removal and determination by the governor is not subject to judicial review. "SEC. 38.30.050. COMPISNSATION. The commissioners shall be paid compensation in the sum of $35 for each day in which they are engaged in the performance of their official duties. They shall also be reimbursed for expenses which have been authorized by the commission. "SEC. 38.30.060. NOMINATIoNs. Any organization recognized by the Secretary of the Interior (or if there be none recognized by him,, by the governor) to speak for the Alaska natives on a statewide basis and the statewide native corpork- tion shall each be given the opportunity to recommend prospective appointees to the commission, but the governor is not limited by the recommendations in his exercise of appointive power. "Snc. 38.30.070. LOCATION. The commission shall have its offices and hold its meetings in the state at a place to be determined by the commission. "SEC. 38.30.080. EMPLOYEES AND CoMPENsATIoN. (a) The commission may em- ploy an executive director with the concurrence of the governor. The executive director position shall be in the partially exempt service and the salary shall be as specified in AS 39.27. The commission may employ other personnel and may incur any expenses it deems necessary in the performance of its duties subject to available appropriations. All the personnel hired by the commission shall be in the partially exempt service and their salaries shall be as specified in AS 39.27. " (b) The transactions of the commission shall be subjecit to preaudit and post audit. "Suc. 38.30.090. PROCEDURE. The commission shall have power to establish its own rules of procedure, and the time and place of its meetings. The commission shall not be subject to the Alaska Administrative Procedure Act (AS 44.62) as to functions of an adjudicatory nature. A quorum consists of four members. "SEC. 38.30.100. JuiusnlcrtoN AND Pownas. (a) The commission shall carry out the functions delegated it by this chapter and may also accept and carry out the functions delegated to it by the Secretary of `the Interior, such as the prepara- ties of official rolls of native groups, if the acceptance of the latter delegated / PAGENO="0163" 159 functio~is do not in.c~easo the expense of commission operations which would otherwise be eixtalled under the appropriations made by the legislature. " (b) The functlens of the commission may include, but are not limited to- " (1) determination, if authorized by ~edera1 law, of the aboriginal use aad Oocupancy o1~ Alaska lands by native groups, the geographical extent thereof, and the boundaries of occupancy attaching to villages and regions; "(2) d~termiimtlon of the number and location o~ the groups to be recog- uized officially by the commission; " (3) preparation ocf~ an official roster of groups of natives eligible to receive the benefits granted by this chapter and by the laws of Alaska; " (4) inv~estigation of all matters which are the preper subjects of Its action, with the power to call upon any of the departments of the state gorver~n~ent for information it considers necessary to perform its duties and ftnctions; " (5) the exercise of any power nedessary to carry out the purposes of this chapter; and " (6) the exercise of any other powers which may be provided by state or federal law. " (c) The commission shall give reasonable notice to the iutere~ted parties before it and an opportunity to be heard before making a final determination on any disputed matter. "SEC. 38.30.110. TESTIMONY OF WITNESSES. A member or employee of the com- mission, designated in writing by the chairman for that purpose, may adminis- tar oaths and examine witnesses. The chairman of the commission, or in his abaence, the vice chairman, may in the same manner as a party to littigation, but without costs, apply to the superior court for issuance of subpoenas requiring (1) the attendance and testimony of witnesses and the production of all neces- sary books, papers, documents, correspondence, and any other evidence from any place In the state at any designated place of hstring within Alaska, or (2) the taking of depositions before a designated individual who is authorized to ad- minister oaths under the laws of Alaska or any other state. In taking testimony, opportunity is to be given for attendance and examination of the witness by any party who might be adversely affected by the commission's actions. "SEQ. 38.30.102. FINAL DETERMIN~TION5. The final determinai~ions, of the commission in any matter which is disputed before it and in any matter which will be irrevocably binding upon the persons affected, shall be in writing, filed with the commission, and shall set forth the operative facts upon which its de- termination is based, the reasons in support of its determination, and a definite statement of the determination that is made by the commission. Sue. 38.30.130. JUDICIAL Raviuw. (a) The actions and final determinations of `the commission may be reviewed at the instance `of a person adversely `affected by commission actions or determinations, by a petition for review filed in the superior court. In considering a petition for review the court shall be limited to considering and deciding only the following questions: " (1) whether any specific provision of this chapter, the Constitution of the United States, or the Constitution of the State of Alaska has been violated; " (2) whether the commission acted capriciously or arbitrarily; " (3) whether there is information, published or written material, evidence, or other data within the record to sustain the findings, recommendations, decisions, or actions of the commission as being reasonable; " (4) whether the commission acted within the powers granted it under this chapter. " (`b) The court may remand the matter reviewed for further proceedings as are required under this chapter and may grant other appropriate judicial relief. "AnTICLE 2. ROYALTY "Sno. 38.30.140. RIGHT TO PROCEEDS. (a) If they present land freeze imposed by the United States Department of the Interior is unconditionally removed and terminated on or before October 10, 19~38, the natives of Alaska are hereby granted the right `to a royalty and share equal . to five percent of the `proceeds made sub- je'ct to this chapter under sec. 160 hereof, until the amount received from the state in accordance with see. 180 of this chapter totals $50,000,000. "(b) In the event the land freeze is removed in accordance with (a) of this section but is `subsequently rei'mp'o'sed, the Alaska natives' right to proceeds' under (a) of thi's section shall terminate. PAGENO="0164" 160 " (~) The phrase `land freeze' as used * in this section means ( 1 ) the failure 0 refu~a1 on the part of the United States Department of the InterLor to dis- (p se of public lands in Alaska under the Public Land Laws of the United States, I eluding without limitatiOll the Alaska Statehood Act (72 Stat. 33~) , because of t~ae pendency of native land claims or protests ; or (2) any temporar3~ withdrawal bY the United States Department of the Interior of any public lands in Alaska retained in effect, or made after the effective date of this chapter, becaUse of the ~pendency of native land claims. "Sno. 38.30.150. PROPISETY INTEREST. Except as provided in sees. 140-160 and ~ecs. 170(b) , and (f) and 340 of this chapter, the royalty or share of proceeds ~ranted in this chapter is an irrevocable grant, and the right of Alaska natives ~1o the same vests on the day this chapter becomes law, subject to their accept- vance in accordance with see. 340 of this chapter. "SEc. 38.30.160. ROYALTY SouRcEs. The proceeds subject to this chapter are all monetary revenues, other than taxes and receipts from licenses, received by the state, after the effective date of this chapter, from the sale, lease, exchange, or other disposal of lands which are or have been selected by the state under sec. 6(a) and (b) of the Alaska Statehood Act (72 Stat. 339) , as amended except those lands which are or have been under state lease or contract on or before the effective date of this chapter. "Sno. 38.30.170. DISTErBUTION OF pEocunDs. ( a ) The royalty or share of pro- ceeds granted under sec. 140 of this chapter shall be distributed to three classes of recipients : (1) 75 per cent to incorporated native groups ; (2) 20 per cent to regional native corporations ; and (3) five per cent to the statewide native cor- poration. " (b) Fifty per cent of the total proceeds distributed under (a) of this see- tion to each native corporation shall be used for construction and maintenance of public works projects. " (c) The apportionment of the royalty shall be based upon the nuffiber of per- sons on the final rolls and distribution shall be made under rules and regulations adopted by the commission. " (d) A copy of an annual report of all expenditures of funds granted under this chapter made by recipients under (a) of this section shall be submitted annually to the office of the governor. " (e) The money apportioned to each corporation shall `be used in accordance with the annual budgets prepared by the corporation, submitted to and not dis- approved by the commission. " (f) If in the judgment of the commission, a court of competent jurisdiction or the legislative audit committee the the proceeds distributed to a recipient under this chapter are not used in the manner prescribed in (b) of this section, there shall be withheld from the next annual appropriation of royalties owing the recipient under this chapter a sum equal to the amount improperly spent. The amount so withheld shall be distributed to the recipient only upon certification by the legislative audit committee to the legislature that the ratio of expendiures required under (Ib) of this section `has been adjusted by the non-complying re- cipient native corporation in such a manner that the corporation is now in corn- pliance with (b) of this section. When the amount which would have been received from the state under sees. 140 and 180 of this chapter equals $50,000,000 except for the provisions of this subsection, the amount being withheld by the state shall be considered forfeited by the noncomplying native corporation and shall revert to the state's general fund. "SEC. 38.30.180. Tausr AND ADVANCE ROYALTY. (a) The royalty and share of proceeds to which a recipient corporation is entitled under sees. 140-170 of this chapter shall be received and held in trust by the state. After the final rolls have been completed and the `apportionment of each recipient corporation determined, the legislature shall annually appropriate to the designated recipients the royalty and share of proceeds held in trust by the state. " (b) Commencing in fiscal 1968-h969, if the amount accumulated in trust each fiscal year does not equal `at least $500,000, the difference between the amount accumulated and the sum of $500,000 shall be appropriated out of the general fund as an advance on the royalty payments and shall `be payable on July 1 of the second succeeding fiscal year. If any sums are advanced out of the general fund in accordance `with this subsection, the amount `of the funds `advanced shall be repaid the state by transferring to the general fund one-half of any excess over $500,000 that may be accumulated in trust during any `subsequent fiscal year until such `advances have been repaid in full. I I I PAGENO="0165" 161 "ARTICLE 3. INCORPORATION OF NATIVE GROUPS "SEC. 38.30.190. CERTIFICATE OF INCORPORATION. Under rules and regu1atioi~ which the Alaska Native Commission may prescribe, each native group, regional native corporation, and the statewide native corporation entitled to benefits un~ der this chapter or the Federal Alaska Native Claims Act of 1908 shall incorporate under the Alaska Business Corporation Act, as modified by this chapter and said ruies and regulations, except those native groups which elect to incorporate or remain incorporated under the Indian Reorganization Act. Until 100 years after the effective date of this chapter the articles of incorporation and all amend~ ments shall be subject to the approval of the commission. "SEC. 38.30.200. MEMBERSHIP AND STOCK. (a) All natives enrolled on the roll's of `the native group incorporated or to be incorporated under the Federal Alaska Native Claims Act of 19~8 `shall be the initial members and shareholders of the incorporated native group. Each membership shall be `represented by 100 sb,ares of the capital stock of the corporation, of no par value, whieh shall be issued to each member. " (b) Shares of stock shall be inalienable from the first holder of the shares, by operation of law `or `otherwise, except upon his `death when the shares shall pass by devise or inheritance free of any claims' `against the estate. When owner- sliLp of `shares passes by devise or inheritance, such shares `shall be partitioried~ so far as may be practicable, in whole shares among those entitled to them. The corporation shall retire by purchase any shares in which fracti'onal interestS valued at less than $100 exist. " (c) The second holder of `shares of stock must be, or `be descended from at least, one of the first members of any native group incorporated under see. 19~ until 50 years after the effective date of `this chapter. Thereafter, the stock shall be freely alienable, provided that the corporation may adopt any provision re- stricting stock ownership permitted ordinary business corporation's. " (d) A person not entitled to hold stock may lawfully acquire stock by devise or inheritance, in which event the corporation shall purchase the stock at its fair value. "Sno. 38.30.210. VOTING RIGHTS. All shares shall carry voting rights and cumu'- lative voting is required. Stock held by a minor may be voted by his parent or~ guardian. "SEC. 38.30.220. PURPOSE. (a) The corporations may carry on any lawful busi-~ ness permitted by the Alaska Business Corporation Act in Alaska, and, with the~ consent of the commission, outside of Alaska. All investments in securities shaiP be in accordance with an investment program which makes provisions for skille~iL investment counseL . " (b) To the extent permitted by its articles and bylaws, the corporation may make distributions from earned surplus or capital as gifts, grants or loans tO shareholders, descendants of the first holders of the shares of the corporation and to persons of at least one-sixteenth native blood who would have been eligible for membership as a first holder but for the lack of sufficient blood quantum and who are enrolled by the corporation upon a special roll, provided that no gifts or grants shall be made after 50 years from the effective date of this chapter. The corporation may at any time make charitable and educational donations as allowed by the Alaska Business Corporation Act. "(c) The regional corporations may make distributions from earned surplus or capital as grants or loans to native group corporations of the region of such regional corporation and to municipal corporations and native villages within the region. " (d) The statewide corporation may make distributions from earned surplus or capital as grants or loans to regional corporations or native group corporations. "SEC. 38.30.230. OAPIPAL. The capital of the corporation shall cons'ist of the land conveyed to the corporation by the United States under the Federal Alaska Native Claims Act of 1968, entered at its fair market value upon receiving the conveyance therefore, the money received under the Act, and the money received from the royalty and share in revenues granted by this chapter. "SEC. 38.30.240. CORPORATION NOT A GOVERNMENT INSTRUMENTALITY. A cor- poration organized under this chapter shall not be an agency or instrumcutality of the State of Alaska or of the United States for any purpose, and the state and the United States shall not be responsible for the corporation's actions or debts unless specifically guaranteed or insured. "SEC. 38.30.2~0. RESIDENCE REsTRICTIONS. Residence shall not be restricted, and residence or proposed residence shall not be made a restriction on membership PAGENO="0166" 162 or shareholding, voting of shares, or receipt of benefits from the corporation, pro- vi4Led that distribution of land in kind for townsite lots, fish camp sites, or other ~tbórigina1 use may be limited to residents, but continued reaidence shall not be n4de a condition of any such distribution of land in kind. f'Suc. 38.30.260. PBouIBrriro~ oi~i Pnn CAPITA DIsTRIBu~riONs. The corporation s]*tll not make any per capita distribution, except as permitted by sec's. 220(b) ar~d 270 of this chapter. The corporation may declare and pay dividends as any ot~Eier business corporation. Distributions in partial liquidation or liquidation may b~ made after 100 years after the effective date `of this chapter. "Suc. 38.30.270. LIMITS ON DISTRIBUTIONS. Distributions under sec. 20 (b) of t is chapter are `subject to the following provisions: "(1) eligibility of persons for distributions shall be established by the articles of incorporation; " (2) eligible persons may make applications for gifts, grants or loans to improve their personal conditions under standards prescribed by the bylaws subject to the approval of the Alaska Native Commission ; if the purpose of the application is to allow the applicant to move himself or his family from the village or from Alaska, this ~hal1 not be a bar to approval of the applica- tion ; approval is not a bar to a subsequent application from the same applicant; " (3) the corporation `shall not distribute more than 160 acres to any person, including `all persons in his immediate family, and shall not `distribute' more than 10 per cent of the land it receives under the Federal Alaska Native Claims Act of 19G8 in kind to applicants ; the distribution shall be under standards prescribed by the bylaws subject to the approval of the Alaska Native Commission; "(4) other than land, the corporation shall not distribute as distribution's more than 10 per cent of the royalty received from the `state under this chapter nor more than 20 per cent of its `other capital. "SEC. ~8.30.280. DIssoLu~rioN. During the period of 100 years after the effective ~1ate of this chapter, any corporation may be `dissolved only if the Alaska Native Commission determines that the dissolution would be in the best interests of the ~bareholders. "Sue. 38.30.290. MERGER AND CONSOLIDATION. A native group corporation may ~nerge with any other native group corporation, or, together with all other native group corporations of the region, with the appropriate regional native `association or corporation. Regional native associations and corporations may merge. All mergers shall be subject to the approval of the Alaska Native Commission. "SEc. 38.30.300. TAXATION. (a) Lands held by a native corporation authorized by this chapter and revenues from these lands shall be taxable except to the extent prohibited by federal law. " (b) Royalties received by the corporation from grants made by the Federal Alaska Native Olaims Act of 1068 or this chapter shall not be taxed to the corporation. " (e) Dividends paid to shareholders shall be taxable to the shareholder. "(d), Distribution's from `capital during the period distributions are permitted shall not be taxable to the shareholders or other recipients. "(e) Liquidation payments shall be taxable, but only to the extent of gain during the period the property w'a's received and held by the corporation. "SEc. 38.30.310. RULEs AND REGULATIONS. The commission may adopt rule's and regulations to implement sees. 190-300 of this chapter. "AETIOLE 4. GENERAL PROVISIONS. "SEC. 38.30.320. CONTRACTS WITH THE Ar~Asi~A DivisioN OF LANDS. A native group may `contract with the state division of lands for the management of lands, provided that no sale, lease, exchange or other disposal of such lands may be made without the approval of the governing body of the native group. The con- tract may cover all or a portion of the lands of the native gr'oup, shall `be ter- ininable upon reasonable notice `by either party, and shall provide for the terms of management by reference to law or regulation or otherwise. The Department of Natural Resources is authorized to receive and expend, subject to app'ropria- tion, funds neee~sary to carry out its functions under this `section. "SEC. 38.30.330. EXCHANGE OF LANDs. With the consent `of, and in `accordance with regulations made by, the commission a native group which would otherwise be entitled to exercise preference right selection of native township grants on lands within `their area of claims based on aboriginal use and occupancy, which PAGENO="0167" 163 however have been selected by and patented to the state may obt~iin ~u~h lands, If the same have not been d1s~osed `of, by exchanging lands .otf equal wtlue with the state. "SEC. 38.30.340. EFFEci' OF CHAFFER. (a) The royalty grant and other provi- sions contained in secs. 140-160 and sees. 170(a) , (b) , (d) and (f), 180, 340 and 35Q of this chapter effect a final and oomplete contract of settlement o~f all native claims against the state and the natives c~f Alaska, by aecepting any of the royal- ties granted in those se~tions, shall be deemed to have accepted, approved and ratified the grant and each and every term of the contract settlement and the contract thereby created shall not be impaired. ," (b) If within six years after the effective date of this i~hapter none of the royalty is accepted by the natives o~ Alaska in accordance with (a) of this see- tion, all royalty shares grant~d under this chapter, including those held in trust by the state, shall become null and void and shall revert to the state. "Snc. 38.30.350. REsTRIcTIoN ON STATE SELECTIONS. (a) I~ the present land freeze (as defined in see. 140 oi~ this chapter) imposed by the United States De- partment of the Interior is unconditionally removed and terminated on or before October 10, 1968, the state shall not, for a period of 18 months after the effective date of this chapter, exercise its right of selection under the Alaska Statehood Act outside of that area bounded on the east by 141° west longitude, on the west by 152° w. longitude, on the north by the 66° north latitude and on the south by the Pacific Ocean, unless it receives the prior consent of the native group which claims, on the basis of `aboriginal use and occupancy, the area to be selected. "SEC. 38.30.360. MUNIcIPAL CORPORATIONS. This chapter does not prevent the incorporation of villages as municipal corporations, `or the continued existence of villages which are municipal corporations, under state law. "SEC. 38.30.370. SHORT TITLE. This chapter may be cited as the Alaska Native Claims State Settlement Act of 1968. "SEC. 38.30.380. DEvENITION5. In this chapter " (1) `commission' means the Alaska Native Commission established by this chapter or by federal act, as appropriate; " (2) `natIve' and `Alaska native' means any Alaskan Indian, Eskimo, or Aleut, including but `not limited to `any Alaska native whose adoptive parent is not an Alaska native, of at least one-fourth degree Indian, Eskimo, or Aleut blood or, in the absence of proof of a minimum blood quantum, who Is regarded `as native by the native group in which he claims enrollment, and whose father `or mother was regarded as native by that or any other native group; " (3) `native group' means tribe, band, village, community association, or other identifiable group of Indians, Abuts, or Eskimos of Alaska, resident in Alaska, including identifiable groups of residents of a locality which, as such a group, claims Indian title to land in Alaska by virtue of abori'glnal use and ocur~ancy at any time ; `group' or `native group' may, when appropri- ate, include not only `native group' but also `regional native association', `regional native corporation' and the `Statewide native corporation'; " (4) `regional native association' means an association of natives or native groups organized to represent the interests of the natives of a region of Alaska which is greater than the `area occupied or formerly occupied by an historic native group ; the interests of native groups within the region may be ` merged in the regional association; " (5) `regional native corporation' means a corporation organized under the laws of Alaska and this chapter, representing the interests of the natives of a particular region of Alaska ; the interests of native groups within the region may be merged in the regional native corporation.' SEC. 3. This Act takes effect on the day after its passage and `approval or on the day it becomes law without approval. Mr. JACKSON. My testimony is directed at several points. First, the test case of the State of Alaska versus Udall. Secondly, the task force proposal developed by the task force ap- pointed by Governor Hickel. Finally, I intended to present the proposals of the Alaska Native Federation, which are the amendments which we propose to Secre- tary Udall's proposal of April 30. PAGENO="0168" 164 ~ Tlhave attached to the statement, which may not be pertinent, our con1~mentary to. the Federal Alaska Native Claims Act before you as H.i~c. 15049 as prepared by the drafter. The commentary on the State actt as prepared by the drafters. The proposed State bill, the bill as act~ial1y adopted by the Alaska Legislature. A cOpy of the Alaska rev~ew ~ business and economic condition on the problem of native lai~d claims which apparently is not to be included in the file, and cer- taiti extracts of testimony intended to illustrate certain points of my testimony as to the position of the Alaska natives. ~?inally, an indication from both parties in Alaska that they sup- po~t a settlement of these claims. ~s a principal draftsman of the AFN proposal-that is to say, our ~n~endment to Secretary Udall's latest proposal ; also of the State bill an~d of the commentary which has been prepared, I am prepared to ai~swer questions on these documents or review with you the proposals inj detail, or with your staff. I have discussed the test case but I think t1~e key point on the test case is simply regardless of the outcome of the test case Congress will still be faced with the necessity of passing sc~me kind of legislation. Traditionally, this has been a jurisdictional a~t. We believe a jurisdictional act, whether it is for a single case on b~half of all Alaskans as the Californian Indians did, or whether it i~ by each of the separate villages, in either case extended litigation i~ not in the interest of the natives or of the State of Alaska and we p~refer a legislative-type settlement which is what Governor Hickel's t~sk force has proposed. Others have discussed money and the amount c~f land and I wish to discuss the fourth parf of the task force pro- ~osal where the discussion begins on page 8. The fourth part is the ~cheme for administering the lands and the moneys. This is as impor- ~ant as the land and money itself. Is the land and money to be squan- dered in per capita payments or eaten up in bureaucratic administra- tive costs ~ We propose to avoid both extremes. The natives in Alaska re very vehemently antireservation. They would like to participate 5 fully as possible in the life of the State and in Alaskan society. We have separated the native village as a municipal corporation from the native village as an incorporated tribaJ enterprise. And the lands and the money will be going to the incorporated tribal entity which will be gradually transformed into an ordinary business corpo- ration with shares that are fairly alienable. This is a gradual process. It is controlled by the Alaska native commission. We have eliminated per capita grants as such. We have said, however, that the native corporation may grant to the individual members townsite lots, fish- camp sites, and so on, but not more than 10 percent of the land may ~ be distributed in this manner and not more than 160 acres to any one person or family. We have also said that they may make what we call family-plan distribution, but not more than 20 percent of the canital of the corpo- ration may be so distributed in family-plan-type distributions. Now this, of course, is a type of per capita distribution. We recog- nize that, but the experience with Tyonek has been that this can be a very helpful method of improving the status of the members of the tribe. Generally, however, the State law requires that the capital of the corporatiOfl b~ kept intact to be invested in business enterprises, and that in the long run, over the long term, 1~he iii~ffi't3&~ of tho ~ PAGENO="0169" 165 poration will benefit primarily by being stockholders of the business enterprise, receiving dividends. Hopefully the business enterprise will make certain that natives are hired in positions of responsibility. The Tyoneks, for example, own a construction company which built a BIA building which is also owned by the Tyoneks. They own a title com- pany in Anchorage ; they have a major interest in a utility company in Anchorage. These enterprises in the long term will be of benefit to individual members of the tribe. We hope to use the capital in this fashion. We hope to use the land in this fashion and not as a reservation. Now, as we are trying to get away from the BIA, frankly, and from the Secretary of the Interior and accomplish a transition into Amen- can society. Also we want to preserve for the Indians as well as for the whites the mobility which exists in American society today. We are trying to build in provisions which will prevent us `from having our villages "frozen in history." I have attached certain extracts of statements by natives and others to illustrate. Educated Alaskan natives have become just as highly mobile as other Americans `and they `should be permitted to be so and at the same time be permitted to share in their patrimony. The task force proposal is an attempt to make some changes ; it is an attempt to look a hundred years ahead and provide the transition and to provide for as early a transition as possible. The Alaska Federation of Natives has decided to respond positively by preparing amendments to the administration bill rather than insist- ing on the task force proposal, S. 2906/H.IR. 15049. And with appro'- priate amendments and future modification of the State law, CSHB 672 (finance) , the best and most important features of the task force proposal can be melded with the administration bill to produce `a com- promise that will be acceptable to the great majority of Alaska's natives. The draft, which follows, underlines proposed new language and strikes through language to be `stricken, in order to facilitate under- standing of our proposed amendments.. I might say this is based upon the bill as `submitted by the Secretary and not the bill that is before you. There have been `some `changes made by your staff in the bill before you, some of which I now note may be somewhat substantive and we will submit our comments on these changes, if we are permitted to do so, at a later time. Mr. Chairman, does the committee desire a quick review of the pro- posed amendments ? If not, that completes the summary of my testi- mony. ` Mr. HALEY. Does that complete your statement? Mr. JACKSON. Yes, sir, unless you wish a review of the amendments. Mr. HALI~X. Are there any questions? Mr. ASPINALL. Mr. Chairman, I wish to commend these witnesses from Alaska for the thoroughness of their statements and the positions which they take. As I understand it, Mr. Notti, what the people of Alaska whom you people represent, desire is some 40 million acres of land, title to all values, surface and subsurface, and an amount of $500 million. Is that correct? PAGENO="0170" 166 Mr. Norri. Yes, sir. ~1r. ASPINALL. LESt me ask you this : What are you giving up? What ar~ the tribes or the clans, the Indians, Eskimos, and the Aleuts, what ar~ you giving up fo~r this request? What values do you think you are gifring up in order to be entitled to these facts? IMr. Norn. If I may respond as a layman and if there are legal gaps p~rhaps one of the lawyers would like to comment-we feel we have Ii~dian title to all of Alaska and we are giving up this title to the United States and in return we are asking $500 million compensation. Mr. AsPINAri~. You say you have legal title to all of the land. You a~e not claiming legal title to those 10 million acres of land which are iI~ private or State ownership? ~ Mr. P0LLooK. I think he said he had "Indian" title to all of Alaska a~ distinct from "legal" title. I Mr. ASPINALL. Let me ask my friend : Do I understand we have peo- ~le in the United States who are now claiming title to private property t~hat has passed by official deed for a century of time? Mr. POLLOOK. No, sir. Mr. A5PINALL. That is what I was trying to get him to say. There are 3Th million-plus acres of land in Alaska. I understand the people's demands are on 365 million acres of lands ; is that correct? Mr. Norn. Yes, sir. Mr. ASPINALL. The other 10 million is either in private ownership or belongs to the State, is that correct, or do you still say that you have ~3laim tio that land? Mr. Nyrri. Yes. Mr. ASPINALL. You still claim that land? Mr. No'rri. Yes, sir ; we do. Mr. ASPINALL. As `I understand the last witness, it is your feeling that you have a good cause of action, Mr. Jackson, to go before the courts and receive redress. Mr. JACKSON. Mr. Chairman, only if this Congress gives some kind of a jurisdictional act. Mr. A5PINALL. What's that? Mr. JAOKSON. Only if the Congress gives jurisdictional act can we sue. Mr. AsPiN~i~L. In other words, Congress then, in order to further your rights, has either got to take cognizance of the situation that Mr. Notti talked about and give it to the Indians, or the natives-not In- dians-give 40 million acres plus $500 million, or give to the people of Alaska the authority to go into court and press their claim. Mr. JACKSON. Yes, sir ; and it has been the traditional approach to follow the latter course and go in only for compensation. Mr. ASPINALL. You here already have U tribes that have gone into court under the Indian Claims Commission. Mr. Jackson. This is correct, but there are problems with this. First of all, a number of those- Mr. ASPINALL. I didn't ask you about the problems. I mean that some of you have accepted the responsibility of going in and you find yourself in difficulty at the present time under the Indian claims pro- cedure, isn't that right? Mr. JACKSON. There are difficulties. There has been no taking and most of them do not have attorneys. PAGENO="0171" 167 Mr. ASPINALL. WC have made provision in the last act, have we not, Mr. Sigler, for attorneys to be secured ? . Mr. SIGLi~R. We have provided for loan funds to the tribes to hire attorneys. Mr. ASPINALL. As I understand it, you people don't stand in the position where you can get a loan because you don't have any regular- ly constituted tribal government in most instances, is that correct? Mr. JACKSON. In most instances most of the claims have been filed by individual villages. An exception is the Aleut League which we will hear from shortly and which is prosecuting its claim. Mr. ASFINALL. Let me ask you this : How much blood does a resident of Alaska have to have in order to be considered a native ? I have al- ways understood that we had no bar to integration in Alaska ; that it was similar in most respects to Hawaii and that blood, as such, didn't make any difference, or color didn't make any difference. Now, what percentage of blood entitles one to be called a native? Mr. JACKSON. Generally the Bureau of Indian Affairs extends bene- fits to those of quarter blood or more. Our bill and the Secretary's bill both use this as a definition. Our bill and the Secretary's bill in certain instances permits benefits to be extended to those of lesser blood ; gen- erally quarter blood is taken. Mr. ASPINALL. I was going to let you stand on that quarter blood but when you begin to refer to lesser blood, how far down the line do you want to go? Mr. JACKSON. Well, Mr. Chairman, the question arises, if you are going to handle this in private property concepts, and a person of quar- ter blood has children who are one-eighth blood, is he required to give up rights and property or is he able to pass them on to his children? Such problems as this require us to permit extensions beyond quarter blood, but generally speaking quarter blood is the definition. Mr. ASPINALL. There is no Saxon or a descendant of an old Saxon whose properties were not taken away from him by the Norsemen. I am beginning to get a little bit interested in rights I might have across the sea that I don't know anything about. That is just in fun. Mr. Poii~ooK. I think Mr. Lekanof testifies, one of the issues he wants to bring up, `is this prthlem of the quarter blood. Mr. ASPINALL. Very well. Now, Mr. Groh, you say your firm now represents some 11 tribes. What kind of contracts do you have with those 11 tribes? Mr. GROH. For all of those that are individual villages, I do have contracts. The Bureau of Indian Affairs presently takes the position that they will not recognize what we call association contracts. For example, the Seward Peninsula Native Association out of Nome ; they take the position that although these people have banded themselves together into a regional association, that regional association does not have recognization by the BIA. So they do not recognize those con- tracts. They have not approved any of those contracts. Mr. ASPINALL. If Congress would be beneficent enough to see to it that you folks got the 40 million acres of land plus the $500 million, what would be the percentage of the attorneys' take under the agree- ment that you presently have? Mr. GROR: Under the agreements I presently have, sir, it is com- pletely within the discretion of the Secretary of the Interior. PAGENO="0172" 168 Mr. AsPINALL. The usual slice is about 10 percent, is that correct? Mr. GROH. Mr. Chairman, I honestly don't have any experience with either side. I have had no cases with them. I have heard all kinds of ~tories as to whether he is generous or not generous ; I don't know. ~ ASPTh~ALL. Are you being paid at the present time for your serfrices? ~[ r. GROH. No, sir. ~ Mr. ASPINALL. Are you being paid for your expenses to make this tr~p? Mr. GROH. Yes, sir. ~ Mr. ASPINALL. By the Indian Association ? Mr. GEOH. By the Alaskan Federation of Natives ; yes, sir. Mr. ASPINALL. By a nonprofit group ; is that correct? Mr. GROH. Yes, sir. Mr. ASPINALL. Subsisting solely by private donations? I Mr. GROH. Yes sir. / Mr. POLLOCK. ~[r. Chairman, I wonder if it might, for the record, b~ useful to have one of the counsel, Mr. Jackson or Mr. Groh, very b~iefiy explain what they understand to be Indian title. Mr. Notti s'id the natives believe they have Indian title to all of Alaska. Mr. JACKSON. Mr. Chairman, Mr. Groh may wish to supplement this, but Indian title, as I see it, is the right of occupancy and the right in theory to prevent others from using the land that you use and occupy ~nd have from time immemorial. Unfortunately, the Indians cannot ~ue and remedy is generally denied them and it is up to the Secretary ~;o protect their right of occupancy, their Indian title. I Mr. ASPINALL. If my colleague would yield there, I `think we have fto go a little bit further than that. `The Secretary doesn't have juris- diction over this land. This land is under the jurisdiction of the Con- gress of the United States. The Secretary has some administrative authority. The Secretary can't make these determinations and when you found your title claim upon occupancy and possession then, you see, you are in a little difficult position because you can't defend that position unless you come to Congress and ask for an equitable de- termination. Isn't that true? Mr. JACKSON. As far as getting some relief is concerned, I would say "Yes." Mr. ASPINALL. As far as holding the land is concerned, you can't do it. You can't move from one place to another. It is true the associa- t~ions can establish themselves in particular areas-and they have already done that-and perhaps they can move in at the present time and pick up a new site to live on for a while, as nomads would do. But as far as establishing any claim to keep `the Government out or anybody else out, your occupancy doesn't go that far. Mr. JACKSON. This may be. It was my understanding, for example, an Indian who has a trapline-and I know of a case-finds a white trapper comes in without making formal entry under the public land laws and says to the Indian, "Do not cross this place." He is a tres- passer and the Indian can do nothing about it but the United States can do something about it. Mr. ASPINALL. That is it. The land is in the ownership of the U.S. Government at the present time. I am sorry to say, but it is my under- standing that the people who occupy this land do so simply as squatters PAGENO="0173" 169 upon land bcilonging to the Unitei States. This is the difficulty that we ari~ trying to clear up. We are trying to establish the titles. is that right or am I wrong? Mr. JACKSON. I would disagree with you, but I may be in error, Mr. Chairman. Mr. ASPINALL. I don't want to be agreed with just for the sake of agreement. I want to disagree in an agreeable manner. If you have. something to offer, I would like for you to offer it to me. Mr. Bor~nRIDGE. May I speak to this? Mr. ASPINALL. You may comment. Mr. BORBRIDGE. We realize Indian title can be extinguished at thif will of Congress and we are not saying this is a right Congress may not invade, but at the same time we are appealing to Congress as a matter of consistency with its whole policy of dealing with the extin- guishment of Indian title, the very unique feature in Alaska that makes it so far different from almost any other situation similar to this, is that there is presently existing Indian title where there has been no extinguishment whatsoever. We realize here then that while historically-and this is almost redundant to say so, but while histori- cally this has been extinguished through treaty and later through exec- utive agreements and finally the course of adjudicatory process, in this instance we are asking for political negotiation. Mr. ASFINALL. I understand that, but in reality, when the treaty was signed between the two Governments, Russia and the United States, as far as legal rights were concerned, the natives' rights, as such, to any particular property were extinguished. Mr. BORBRIDGE. May I address myself to that? Mr. ASPINALL. Yes. Mr. BORBRIDGE. Congressman, in 1968, in January, the Court of Claims held in the case of the Tlingit-Haida Indians v. The United States, Docket 47900, that the Indian title still survived. There had been no extinguishing whatsoever. This was one instance where the Tlingit-Haida Indians, by virtue of the jurisdictional act of 1935, were able to get into court so this is presently a judicial term that there can be and is a survival of Indian title as of this date. Mr. ASPINALL. But it is all dependent on congressional action to make it possible for a decision, isn't that correct? Mr. BORBRIDGE. Not only is that correct, but I would say I have con~ fidence that Congress will follow its past policies of assuring that such extinguishment will have as a party to this extinguishment the people who claim this Indian title. Mr. POLLOCK. Mr. Chairman, I would like to make a comment about this. Under the treaty of cession in 1867 there were rights of the In- dians that were preserved and not extinguished. As you very well know about the statehood-enabling legislation in 1958, this same thing was continued so that their status, whatever it was, would be preserved and not extinguished. Mr. ASPINALL. Of course, that is what I was trying to get to, to fix up the record, whatever it was. The Russians didn't recognize any- thing because they ran rampant over the people of Alaska. This is what I was trying to get to. Whatever they wanted, they took, and they were doing that even up to the time it was ceded to the United States. PAGENO="0174" 170 1~1 . POLLOCK. If I may cornm~nt further, under the research clocu- men which I have included as part of the record this morning, there is a very detailed explanation of this difficult area where the Russians thought of the natives as being of three separate categories and they treated them differently. They assumed that some became full Amen- can citizens if they didn't go back to Russia in 3 years. For the others, the~ determined that the Congress would at some future time-the Uni~ed States said when they picked this up from Russia-at some fut~ne time would define their rights and determine how possession wa~ to be established. :~: r. AsPINALL. The reason that I asked you to yield and the reason that I carried on this interrogation was to see whether or not Congress sho~ild accept the responsibility of saying, "All right, we will give you 40 million acres of land and $500 million, or we will give you the right to go into the courts and m:ake a determination." ]~ know which one is the fastest. I know which one perhaps would be th~ less expensive for the Indians. I don't know at the present time wl~ich one would be the most equitable as far as results are concerned. ~{r. POLLOOK. Mr. Chairman, if I might respond to this, I think fr4m the time of the 1867 Treaty of Cessions the Congress, as we A~askans understand it, has reserved to itself the right to make this fh~al determination. Mr. A5PINALL. That is right, but I don't know which way to go at the present time. Mr. JACKSON. Mr. Chairman, may I complete an answer? Mr. Chairman, you asked what lands were in Indian title and the ar~swer, perhaps correctly, is that the lands that are in use and occu- p~ncy today are still in Indian title. The lands which have gone into p~rivate ownership, there has been in fact a taking. Some of the lands h~ ave gone into national forests and national parks. There has been a t~king. Here the only right traditionally is one of compensation and r~ot of land itself. ~ In the third case, there is good title in the government and the Indian title has been extinguished. Mr. ASPINALL. When you get to the title of my little home in. Pali- ~ades, Oolo., it is founded upon a taking by the United States of America from Ute Indians. Whether it was right or wrong, it was ~founded upon that taking. I am not of the opinion that the Federal Government is going to go back now and state that the Ute Indians, after they had this taking, that we are going to say, "We are going to see that you get more money." I think the title to my property is pretty well founded and I think the title to the property as such, where it is owned by the individuals and by the State, is pretty well founded and if we try to go behind that, I think we are going to be in trouble. Mr. JAOKSON. I want to emphasize that most of Ala~ska is still held in use and occupancy by the natives. Originally the first proposal that the Alaskan natives came up with was compensation for the lands that had been taken and fee title to all of the rest. This would have been impossible. It would have meant something like 300 million acres in the fee title to the natives, We have attempted to come up with a compromise with some land and some money and that is what we are 1 asking of Congress. PAGENO="0175" 171 In the last analysis, it will be up to Congress to dispose of this issue with such land and money as they deem to be proper. What we are asking for is 40 million and $400 million, however. Mr. GROH. Mr. Chairman, I only wanted to add that, once this Indian title is established, it goes on until abandoned. Admittedly Congress must act on it, but it still persists. Mr. POLLOOK. Mr. Jackson, I wonder if you would very quickly, for the purpose of record, indicate to the committee what the test case is, what is the subject matter and what you hope to achieve? Mr. JACKsON. Mr. Chairman, Secretary Udall, several years ago, determined not to pass title from the United States to the `State of Alaska or to other parties for that matter under public land laws until such time as Congress adopted legislation to resolve the problem of the native land claims. The State of Alaska has brought suit in the nature of mandamus against Secretary Udall to require him, essentially, to pass title. That case is `still in Federal District Court in the District of Alaska. The State of Alaska has filed a motion for summary judgment which has not been argued, but the briefs have been submitted. I might say that I represent an intervenor on the particular lands in question and we maintain in any event we are entitled to a hearing on the question as to whether we actually use and occupy the land and we have never had an evidentiary hearing on that issue at any stage. Mr. POLLOCK. Thank you, Mr. Jackson. Now, could you also for the record very briefly indicate what the nature of the major amendments are that you propose, for the proposal originally submitted by the Secretary? Mr. JACKSON. Yes, Mr. Chairman. Turning to the AFN proposal, page 14 or 15 of my statement, first we have the problem of native children adopted by whites and the problem of the Abuts which will be taken up by their representatives. We recognize through our amend- ments that native groups may be incorporated and under our proposal they will be incorporated under State law `as business corporations, modified to some extent. We have pointed out the real problem of need of the villages in with- drawn lands, `especially for example on Nunivak Island where there are reindeer. The need of these village's to get some land-we have amended the proposal to permit the Secretary to grant any land in Alaska unless it is in a national park or monument or in some excep- tions, within national forests we have expanded the concept of the land debate to permit land to be granted which may be suitable for future village sites, agriculture, grazing, recreation, mining, industry and other uses. In other words, not merely to burial grounds, airfields and water supply, which is essentially what is now in it. We have broadened it `also so that it is not necessary that the land be immediately contiguous to the village. It would be permissible for the Secretary to grant some land away froni the village, providing it is still `within the area claimed by Indian title by that particular village. Then we have increased the amount of acreage `from 50,000 for a village to a formula grant which gives the Secretary some chance to grant 40 million acres, but he has a discretion between minimum and maximum amounts in the grants. PAGENO="0176" 172 e also request that he consult with the native groups before mak- in~: the grants to them. ~Ait page 4 we have provided that the land will not go' in trust to the Sebretary but rather will go in fee to the native group, except they ha~re an option of having a trustee if they want it. However, we have a1~o provided that they cannot dispose of any land without an ap- pi~oved land use plan-a land use plan approved by the Alaska Native 0 mmission. Then we have brought back in the concepts of the regional II tive corporation. The Secretary's proposal has only the village g oup, the village group corporation, and the staitewide. We have also p ovided for not more than 20 regional corporations and have given a portion of the proceeds of the settlement to the regional corporation. Mr. PoLr~ocK. Are those the major poin~ts? Mr. JAOKSON. Then we have provided that the amount of the money grant would be computed as $10,000 rather than $3,000 per native, ~vhich would `be estimated to be a total of $500 million. However, in order to avoid the impact on the U.S. Treasury, we have provided it v~ou1d be granted one-tenth or $50 million in the first year and then ~25 million a year for 18 fiscal years. I am sorry. Compared to the present, which is $60 million in the first year and then $30 million a ~ ear for 4 years. ~ Finally, under the provisions for the Alaska Native Commission fre have stren~hened it by requiring that it shall be appointed with five men~bers at least two of whom shall be Alaska natives or descend- t~nts, and directly under the Secretary, requiring also that the meeting place and principal offices shall be located in Alaska and that its final decisions are subject to judicial review. Finally, under the national forestlands, which permits the lands granted to conmiunities under the Statehood Act from national forests of 400,000 acres to be also granted to native groups. We have said 100,000 of the 400,000 shall be granted to the native groups. Other- wise that provision is purely permissive and is not going to be effective. Finally, we noted that we have some problem with the Solicitor's ~ Office at this time as far as our being paid is concerned, and there is a recognition in our amendments that at~omeys `who performed services incident to the legislative settlement should be paid. Again, an amount determined by the Secretary. Mr. POLLOOK. Have you addressed these proposals to the Secretary ~ Mr. JAOKSON. He has not seen them. I `believe I gave a copy to his office this morning. He knows about some of them. For example, I discussed with Mr. Vaughn the question of seating the Commission in Alaska and he agreed this was perfectly acceptable and should have been in there. Mr. Poi~.ooK. I suppose you gentlemen realize ultimately when a decision is reached there is going to have to be some mutual under- standing on the part of the natives, of the natives, the State of Alaska, the Department of Interior, and certainly the `Congress. If the De- partment comes in with one proposal and the natives with another and the State `with another, we have a situation where we can't really resolve the problem or won't get it resolved here probably. Mr. JAcKSON. We recognize this is an accommodation of conflicting interest. PAGENO="0177" 173 Mr. P0LLOOK. I would suggest that a formal presentation to the Secretary be made of your views so the Department could evaluate it in the light of their own proposal. Thank you, Mr. Chairman. Mr. HALEY. Are there further questions? May I make this observation : Mr. Jackson, as I understand the testimony of the six witnesses we have before us here, you have two roads to travel. One through the courts and one through the Con- gress. Is that correct ? And you would rather take the one through the Congress because the other would be a little doubtful. That is about the situation, isn't it? Mr. JACKSON. Not merely doubtful, but a long time in coming in my opinion. Mr. SmLEu. I would like to ask a question on the claim of Indian title. Mr. Jackson and Mr. Groh both referred to the fact that the natives claim aboriginal title to all of Alaska. I understand them to qualify that statement to mean all that has not been alienated or has not passed into private ownership or some form of public ownership. My question is, Have the natives filed any express claim to the re- maining lands in Alaska ? Have they filed it anywhere ? I understand they have filed some claims with Interior but that those claims do not blanket all of Alaska. Am I correct or wrong? Mr. GR0IT. For all practical purposes, Mr. Sigler, they do. Mr. SIGLER. Your claims filed with the Department of the Interior do blanket the State? Mr. GROH. Yes, sir. Mr. JACKSON. They do not include the Aleutians which have brought an Indian claims case or southeast Alaska, which has a separate case, or certain limited areas in the interior of Alaska which have not yet filed claims. When these claims are considered, all or substantially all of the State is included. This does not mean if we go to court we would be able to prove this. Mr. SmLER. That was to be my next question. Assuming you have filed claims blanketing most of Alaska, you still have the problem of substantiating those claims by showing that the natives do actually use and occupy the entire area. Do you think that the claim will be seriously disputed? Mr. JACKSON. I am sure that the Department of Justice would, if they follow the usual course, dispute it very seriously. How much of it we will be able to prove in a claims proceeding I cannot at this time say but I feel it would be very substantial. Mr. SIGLER. You believe it would be substantial? Mr. JACKSON. Yes, sir. Mr. SIGLER. That is all 1 have. Mr. HALEY. Are there further questions? Mr. ASPINALL. Mr. Chairman, just for the benefit of the record, and that is all, and realizing that an Alaskan is an Alaskan, I would like to know if there are any menThers appearing before us today of those six who would themselves be entitlees to any award that would be granted. Mr. WRIGHT. Yes. Mr. N0TTI. Amil Notti. 98-181-68-12 PAGENO="0178" 174 Mr~ BORBRIDGE. .JOhfl Borbridge. Mi~. HENSLEY. Yes ; I would be entitled. There `are four of us. Mi4. BORERIDGE. Would it be possible to interpolate one brief corn- nient! at this point? M~. HALEY. Yes. Mifr. BORBRIDGE. Thank you. I think the point we want to emphasize, and I think you have addressed yourself to it very thoroughly, we do have a very rare situation. I know in many senses as we discuss Indian title/it has a certain technical ring to it and it is a different kind of an anin~al, but we can go into the villages of Alaska now, Indian, Alaskan, and jAleut villages. There is no question whatsoever. They are on the lanc~ ; they live on it, and use it and if you ask them, Mr. Ohairman, thisjis their land and this is the case that I present to you. T~iank you very much for this opportunity. ~r. HALEY. Thank you, gentlemen. The next witnesses, as I understand, have a joint statement for the Aleut League. Mr. Flore Lekanof and Mr. Roger Connor. ST~TEMENTS OP PLORE LEKANOP, PRESIDENT, ALEUT LEAGUE, *ID ROGER G. CONNO'R, ATTORNEY FOR THE ALEUT TRIBE, THE 4LEUT COMMUNITY OP S~Z. PAUL ISLA~lD AND THE ALEUT ~EAG~ :~i: r. CONNOR. I am Roger Connor, attorney for the Aleut Tribe, the Ali~ut community of St. Paul Island and the Aleut League, the Aleut League being a regional native association. Mr. LEic~Nor. I am Flore Lekanof, president of the Aleut League. `~[r. HALEY. Gentlemen, you may proceed. ~[r. CONNOR. Mr. Chairman, we have filed a written joint statement ai~d in order to conserve time I would like to ask that this be made a p$rt of the record without it being read. !Mr. HaLEY. Without objection, it is so ordered. I (The statement referred to follows:) Jc~INT S~rATEMENT OF FLORE LEKANOF, PRESIDENT, ALEUT LEAGUE, AND RoGEi~ G. O0NN0R, ATTORNEY FOR PILE ALEUF TRIBE, THE ALETJT COMMUNITY OF ST. PAUL ISLAND AND THE ALEUT LEAGUE I am Flore Lekanocf of Anchorage, Alaska. I was born on Sit. George Island. I ant president of the Aleut League which coniprehends all o~ the villages within o~ir region. I ani a past president ocf the Alaska Federation of Natives and of the C~ook Inlet Native Association. I am a ineraber of the Governor's Task Force on ~ative Land Olaims. I hold a BA. degree in philosophy from Whi'tworth College a~d a MA. degree in education from the University of Washington. I I am Roger G. Connor of Anchorage, Alaska. I am counsel for the Aleut Tribe, t~he Aleut Oominunity of St. Paul Island, and the Aleut League. I have lived in 4iaska since 1932. I was admitted as an attorney at law in 1955. For three years ~ was United States Attorney, First Division of Alaska, and from 1959 to 19~I ~ was Executive Assistant, Criminal Division, Department of Justice, Washing- i~on, D.C. I am a past president of the Alaska Bar A~ssociation. Mr. Lekanof and I submit the following joint statement: In order to conserve time and space in the record, we ask that our previous ~; estimony before the Senate Committee on Interior and Insular Affairs on ~`ebruary 9, 1968, be incorporated by reference herein. (See Hearings, S. 2906, ~ 8,9, and 10, 1968 pp. 252-264). To summarize what we said in that previous testimony, the Aleuts are ~laska natives who occupied aboriginally a southwest portion of the Alaska Peninsula, including the Shumagin Islands, and all of the Aleutian Islands to /Attu in the west. PAGENO="0179" 175 The Aleuts have suffered substantial harms by acts and omissions to act on the part of the United States. They have been deprived of their possessory rights by reason of the withdrawal of most of their region for wildlife refuges and military reserves. Additionally, large areas have been made available to others for sheep ranching under grazing permits. S. 2906 would provide an acceptable settlement of the land claim of the Aleut people. We participated in the drafting of this bill, and we endorse it. But there is one change which is desired by the Aleuts. This is the provision on the blood quantum necessary to be enrolled as a native under the bill. The Aleuts have been in contact with Europeans and Americans for over 200 years. During this time intermingling of ethnic groups has occurred in varying extent. In some cases it is extremely difficult, and sometimesa impossible, to determine the aboriginal blood quanta of particular Aleuts. In other cases the blood quantum may be less than one-fourth, yet the individual has been reared in a native culture and is regarded by the others as a native in every significant sense of the term, There is considerable opinion that such persons should be enrolled as natives under this act. See the remarks of Senator Ernest Gruening and Congressman Howard W. Pollock, Hearings, supra, pp. 254-257. It is our understanding that the central tribal council of the Tlingit and Haida Indians has gone on record in favor of liberalizing these blood quantum provisions. In the existing draft of S. 2906 it is provided in Section 516(b) that where there is an absence of proof of the precise blood quantum a test of how the person in question is regarded by the native group is used to determine enroll- ment. We feel this should be expanded to cover persons who are known to have less than one-fourth blood quantum but who otherwise fit that definition of native. We would be glad to comment on any other aspects of this very important legislation. Mr. CONNOR. The joint statement i~sks that the testimony Mr, Lekanof and I gave before the Senate Oommittee in February be made a part of the record and considered as if it had been testified to. Mr. ASPINALL. Mr. Chairman, I, of course, object to Senate material being made a part of the record. We have access to it. Mr. HALEY. We have access to the Senate record and the testimony. Mr. CONNOR. Then all we ask is that `it be considered by this corn- mittee. Mr. }Li~u~ir. We will consider it. Mr. OONNOR. Then the balance of our written statement deals with the que~stioi~ of blood quantum which was raised earlier and we will be glad to respond to questions on that. We point out in here that in the case `of the Aleutian region-and this would hold true also for other areas of Alaska-you have people in contact with Europeans and Americans for over 200 years during which a good deal of crossbreeding has occurred. Also you find very complicated cases, individually, when you go to certain region~s of Alaska because the birth records and the church records are not always in order, or available, and even when they are, you cannot tell from the names or the data found in those records just what the blood quantity of a given person was `in the ancestral line. Take for example in the Aleutian Islands. The Abuts were all given Rtissian name's at an early date. The Russians married freely with the Aleuts. In fact, at one time before the Treaty of Cessions, the Aleuts were given a different status from other natives. That is, they were free men under the Russian czar. They had a status much higher than that of serfs or even ordinary citizen's. What we are dealing with here is a long pattern of history which complicated the determination of blood quantum. PAGENO="0180" 176 I On the other hand, the Aleutian region is one of the most remote in Aia~ka even today and we find that there are people out there who might be slightly less than one-quarter blood, but they are living a eon~ipletely Aleut way of life, as have their ancestors. They still speak the/ Aleut language. They still have all of the customs and folk ways of ~ative people, and their material culture is that of an Aleut. That i~s, they fish and hunt for a living ; they live in an Aleut community and when you want to look at the ugly side of the picture, they are stilEl and have been in the past at various times, regarded as something of a separate group from that of the dominant culture. We are talking here about people who are fully accepted by their communities as being n~tives, rather than non-native. We do think there should be a hberali- z~tion of the provisions in the bill to cover this type of person. We d~n't think it will result in the expan~sion of the rolls vastly. We just tlfrmnk it would be more fair and equitable to let the Alaskan Native Qo mmission, which is in the bill we have proposed, determine in close c~Lses what to do. ~ That is the burden of our presentation on the blood quantum prob- lem and I would like the privilege of making a few brief remarks about some of the other topics which have come up here earlier today, Mr. Chairman. As to the question of whether the Treaty of Cessions extinguished ~itle, we do have some judicial decisions which guide us `in this area, as well as `a lot of historical material that Congressman Pollock has referred to concerning the nature of the Russian occupation of Alaska. First of all, the early Russian settlements there were without any particular legal authority or status from the Crown and it was not until 1799 that the Russian Emperor issued a charter for the first Russian-American company to go in and use the resources of Alaska. Even at that the charter was only in the nature of a franchise. There were successive charters issued. Altogether there were three of them, and the last charter expired a few years before the previous cession. It was never renewed and the Russian-American company was merely holding over more or less as a tentative will of the czar. Furthermore, at the time of the `second charter in about 1821, we find the czar laying down specific rules and these haven't the force of statute, of course, whereby the company itself was restrained from interfering with native possessory rights, property rights of any kind. Lastly, there i's the most significant memorandum which was sent from the Foreign Office of the Russian Government to Secretary Seward at the time of the Treaty of Cessions, which is signed by one called Kostlivstsov and this memorandum details at great length the fact that the Russian-American company did not dispossess the natives of its aboriginal occupancy. It had no intention to do so and had no legal authority to do `so. Furthermore, the memorandum points out that no title was ever granted by the sovereign to even those posts occupied by the Russian- American company. So when the United States took this `country, it took it as it was, and there certainly had not been any extinguishment of title by the czar, or the Russian-American company, or anyone OIJC. Therefore, Congress provided in the act of 1884 that whatever rights there might be would await a further determination of Congress. The Treaty of Cession has been a subject of argument and there are some / PAGENO="0181" 177 old casesin the TJ.S. district and circuit courts which imply there may have been an extinguishment. There is a quarrel about what some of the provisions mean, but there are provisions in the treaty which make it appear that there was an intention not to truncate any existing rights. Lastly, the Court of Claims in the 1959 decision in the Tlingit~ Haida case concerning liability simply rejected the argument of the Department of Justice that the Treaty of Cession had extinguished rights. The Department argued in that case though Congress gave the Tlingit-Haida jurisdictional acts, as a right of substantive law they were barred because of the Treaty of Cessions and the Court of Claims rejected it. I am confident that if this same question ever reached the other authoritative tribunals of the United States the same conclusion would be reached. We have another very important consideration here too, and that is that under the Statehood Act there is a grant of 103 million acres to the State. I think the question was raised this morning, shouldn't the State try to deal with this problem in some fashion. Here we get into another very significant decision by the `Court of Claims earlier in this year, in 1968. No, it was in 1967 in the Lipon Apache case where the Republic of Texas attempted to extinguish title to lands there before Texas entered the Union and when Texas was a sovereign nation presumably. Also `the year after it entered the Union the State legis- lature took measures to extinguish Indian title. The United States stood by idly and let the Texans do it at the time. This was a source of liability in the Lipon Apache case and the Court of Claims said that only Congress could extinguish these. There wasn't a clear enough act by the previous sovereign and therefore aboriginal title endured and they were entitled to compensation. As the Court of `Claims pointed out, the extinguishment occurred only by the sword, by purchases, by treaty and by positive act of Congress. So I think, gentlemen, this is the posture in which the Alaska native land claims are at the moment. As to the great bulk of Alaska, there has not been a positive taking, but we have this terrific problem `because of the land freeze, the fact that the State was standing ready to select 103 million acres, and we have other collateral problems, such as the gradual encroachment of civilization upon the formerly native way of life. So that there may be a series of what I would characterize as creeping takings, some of them so minor and insignificant that it would not pay the claimant group to come to Congress and seek a jurisdictional act and then spend 25 or 35 years in a judicial process to establish liability to the modest amount of land involved. I think this is what is feared by many of the groups. As to the date of taking in the Alaska situation, we have a number of executive withdrawals and congressional withdrawals which would establish a taking date on the lands involved there and as to a great part of the balance, there has been no taking. So I would submit if you are going to talk about land values you have to talk about the values obtained today. That is, if the Lipon Apache case means anything, and if the doctrine stated by the Court of Claims in that case means any- thing, certainly this argument of taking 1867 as the taking date is unacceptable, I think, as a matter of sound law, as well as logic. PAGENO="0182" One of the reasons this bill is being proposed is a recognition by the Sect~etary of the Interior and the native people and the State of Ah~ska that the claims process is of an arduous, expensive, frequently unj/ust route ; that it often results in a judgment for dollars which, by thejtime they are given, have been inflated and therefore it is an unjust aw~trd, and because these awards do not carry interest in the interim. ]~ think for these reasons everybody would like to solve this problem an4l get on with the development of the State of Alaska. If you are going to go to the claims route on these cases, it seems to me, in justice, you would have to leave the door open for all of the groups in Alaska to bring suit from time to time as their land is taken in the future. This could go on for another century. This could inirolve a program probably as tortuous, as difficult and as extensive i_n scope as all of the cases before the Indian Claims Commission from th~ other 48 States. jWe are talking about potentially many hundreds of cases which w~ould have to be litigated in Alaska. I think it is the recognition o:!~ this difficulty which is the source of this bill. In fact, Secretary tTdall came to Alaska last November and suggested that a political settlement would be the best thing for all concerned. It was for this reason that the native leaders got together and drafted a bill which they thought would adequately compensate for the values involved i~1 the taking of the land. As to values, I might point out that the Secretary's bill specifies 180 million and in the covering letter transmitting the bill, it is said his is based on the Tlingit-Haida award which averaged 43 cents n acre. But that award was based on values largely obtaining about he turn of the century. ~ If you took the Tlingit-Haida award of $7 million at the time of taking, and it was the values of those days that were determined in those days, and if you merely compute straight interest of 6 per- cent on that amount, you boost it up to $28 million, which in rough figures comes out at $1.75 per acre. Yet we know that most of the lands in Alaska are even more valuable today than they were `TO years ago by reason of the compounding of the entire national economy, and of the less amount of land available generally. So I would suggest that values have risen considerably over that. We do not feel a settlement of roughly $1.50 or slightly more per acre is an unjust amount. That, gentlemen, concludes the remarks we wanted to make about the earlier issues. Mr. Lekanof would like to speak. Mr. LEKANOF. Mr. Chairman, I submit to the committee two reports, one having to do with the educational aspects of land claims, and one on the housing. I would just like to ask that these be made a part of the record. I would also like to submit on behalf of these two written state- ments materials which I think will be quite important. One is "Housing the Alaska Native" by Charles Abrams and the other one is the statement of the Alaska Housing Committee and the imple- tation plan.' Also, one on a study that I personally made on the edu- cation of the native people of Alaska. `These two statements will be found in the files of the committee. 178 I PAGENO="0183" 179 I would like to comment briefly on both of the topics. First of all, on education. Mr. Chairman and members of the committee, we the members of the steering committee of the Alaska Federation of Nati yes are here to review with you some of the reasons why we feel that a bill for the settlement of the Alaska native land claims should be passed with our suggested amendments. I would like to present some information on education that is related to this subject. The history of the Indian education programs has been less than desirable ever since its inception. The pendulum has been swinging back and forth between two philosophies-get the Indian off of the reservation ; keep the Indian on the reservation-these philosophies have not been little felt in Alaska although we have only one reser- vation. The present trend if not halted will drain all aggressive and talented young natives from the native country. This is caused by the distant high schools and vocational training programs not to mention the' relocation concept. I don't think that it is the intent of the Federal Government to destroy a way of life. As President Johnson recently stated that we must encourage some of our people to live on the farm, in rural America. He said also that he intends to go back to the farm himself. We must stop moving people to where the industrial development is' and start moving the industry to the people. This is part of the answer to our problem in Alaska. One of the serious problems on the native education is the separation that has been demanded between the child, the family, and the com- munity. If this practice is permitted to continue we will negate the whole educational progress. We must adhere to the concept of `the community school. We must demand and allow participation from the native people in all aspects of the educational process. The community must feel that it too is educating the child and to accept this trans- mission there must be both bilingualism and cultural pluralism. When we mute a child's first language we are destroying the system by which the native child thinks and expresses his concepts and intel- ligence. The native child and the white child are supposed to compete in learning. The white child churns ahead in an undisturbed cognitive linguistic system. The native child must hold up significant cognition until he learns the master communications system-English. This is' one of the main reasons why our native students are having a major' dropout problem on the university level. The schools in Greenland faced this problem many years ago. They taught the Eskimo in his own language for the primary grades of this school career then the Danish language was introduced in the fourth year. There is still a further value in the native tongue and that is that it keeps the personality in a functioning whole and allows for an improved self-identity. One other minor contribution of the native tongue would be that it contributes toward more internalization and educational reasoning. In `this case language is considered as culture. As we examine the record, more and more evidence turns up that quite functionally the child with a whole culture has a greater chance of retaining a whole personality than a child from a lost or fractured PAGENO="0184" I cu1th~re and an effective person operates out of a highly organized sense of self. ` Given the opportunity through a generous native land claims settle- men~, we the native people of Alaska will support the following kinds of programs : ~ (:11) That early childhood educational programs be made available to ~ll communities in Alaska desiring such a program. He.adstart clas~es have been operated successfully for 2 years in ~2 native vii- iag~s. There are over 200 villages desiring same. We recommend that the local native language be fully utilized in the preschool program. (~) That priority be given to the locai people to teach on the pre~choo1 level. This has been proven successful in the Headstart program. The local person more fully understands and appreciates the linguistic and cultural heritage of the village. . ~3) That there be a continued operation of the teacher aide train- in~ program by the Anchorage Community College to prepare help- er~ in the elementary classroom. This program has been cosponsored by! the BIA and Manpower Development Training Agency. Head- st~~rt teacher training program was also conducted by the same acT- ministration with funds provided by OEO. 1(4) Immediate consideration should be given a plan to expand the program by including, in addition to the aide training as of- fered previously, two additional steps for teachers' assistants and teachers' associates. More advanced training for them would meet the expressed needs ~4 a number of Alaskan teacher aides. It would represent a realistic bpginning for some who wish to become teachers but who could not n~w enroll in a continuous baccalaureate program. ! Among educational institutions in the United States which have ii~esponded to a similar aide-inspired need is St. Petersburg Junior ¶J ollege in Florida, which offers a 1-year terminal career program for teachers' aides. `(5)~ That changes be made in the educational curriculum so that a youngster on the village level may be offered formal education through the 10th grade. This will allow the child to be with his parents for a longer period during his educational career. Many children and parents are psychologically upsct by having to separate 9 months out bf the year. Many family units are disturbed to the point of "non- return" during these absent periods. (6) That regional high schools with 2 years of past high school years be made available in the following areas : Aleutian Islands, ~ Bristol Bay, Bethel, Kotzebue, Barrow, G-alena, Fort Yukon, South- eastern (Mount Edgecumbe) , and Tok. This will allow students to go home for occasional visits or parents to visit at the school. This will make a secondary education more obtainable for those who would ordinarily drop out because of family and geographic problems. The 2 years beyond the high school will permit those students who are not collegthound to train in the fields appropriate to the regional area, such as electronics, heavy equipment operation and maintenance, building skills, fisheries, and so forth. This would also permit those who are collegebound to receive credits transferable to the college of their choice. 180 PAGENO="0185" 181 With this program we will see less and less academic failures among our nativ~ people. (7) All available funds, State, Federal, or private, should be con- centrated in the rural Alaska for adult education. We have seen some programs such as MDTA, OEO, BIA, and OJT, but there needs to be more of the same. We feel that there must be industrial develop- ment in the rural areas of Alaska and the adult education programs be directly related to such development. We see this as a means of providing a more productive worker and also a means of a more en- lightened citizen. (8) That the Federal funds now available for the education of native children be turned over to the State department of education for the purpose of having one administrator in education for all na- tive children in Alaska. This move will save administrative costs by eliminating duplications in job positions. This would also put all rural Alaskan teachers on the same footing as far as salary, retirement, travel `allowance, academic requirements, and vacations are concerned. This will also do away with the segregated educational system in Alaska. We feel that the State is just as much to blame for this problem as the Federal Government. This move must be "immediate," not "gradual." ( 9) `We propose a regional school `board for the areas which will be served by a regional high school. This is not just an advisory con- cept. This move will give the rural people the notion that the schools are their schools. There will be more responsibility, concern, and interest. (10) That the native leaders be involved fully in the conception of an overall educational plan for rural Alaska. In the past the native people have not been consulted in the development of an educational plan for them. Demonstration in Navajo education at Rough Rock, Ariz., has proven that, given choices,1 the native people has a right to make a few mistakes too. After all, is not this the way of democ- racy? Finally, education for education's sake is not enough. Economic and industrial development must go hand in hand with the education process. At one time in history the native people of Alaska enjoyed a meaningful livelihood in their own native culture. Since the coming of the Russian fur traders and later the U.S. Government, the native people have been exposed and educated in `the Western European culture or what we might refer to today as the dominant American `culture which is very much influenced by the Judaic-Christian philos- ophy. We must provide some means whereby a decent adjustment may be made to this new culture which the native people of Alaska have adopted without the psychological damage to the personality of the native people. There must be not only the formal and informal education but the means, through economic and industrial development in the native country, for a new meaningful livelihood. `This is our hope through the generous settlement of the Alaska native land claims bill. `Mr. Ohairman, members of the committee, I thank you for the opportunity of appearing before this committee. 1Estefle Fuchs, "Innovation at Rough Rock," Saturday Review, Sept. 16 ,1967. PAGENO="0186" S~ATEMENT BY FLORE LEKANOF, MEMBER OF THE STEERING COMMITTEE, ALASKA FEDERATION OF NATIVES Mr. Chairman and members of the Committee, we, the members of the steering e~mmittee of the Alaska Federation of Natives, are here to review wi.th you s4me of the reasons why we feel that a bill for the settlement of the Alaska native Land Claims should be passed with the proper amendments suggested. ~t this time I would like to present some information on the Native Housing s~tuation that are relative to this subject. NATIVE DWELLING PRIOR TO THE INTRODUCTION OF THE WESTERN EUROPEAN CULTURE To use as example one of the ethnic groups in Alaska, the Aleutian natiVes constructed several varieties of structures. One of these, the "Barabara," peculiar 1~o the Aleuts was a large communal dwelling, resembling that of the Iroquois, ivhich received considerable attention from various observers. The most impor- rant information on these structures are found in the Russian accounts. The ~nost detailed and reliable report on the Aleut dwellings comes to us from the ~v ritings of Bishop Veniaminov :1 I "The former dwellings of the Aleuts, known by them as `Uliagamakh,' were ~iever separated as now, i.e., for each family apart ; but always communal, in which lived a number of families (10-40) , mostly related * * *~ These corn- munal dwellings were from 10 to 30 sazen (70 to 210 ft) and more in length, and from 4 to 7 sazen (28 to over 49 ft) in breadth ; they say that in some of the settlements there used to be such dwellings over 280 feet in length. As far as I had the chance to see the traces of these former dwellings, it appeared that they nearly all ran in length from east to the west, and not always along the direction of the stronger winds." "We1l~to~do families made sometimes in addition special little rooms from the side of their subdivision, digging through the wall, where they preserVed their property and food ; and with parents having grown children of both sexes, they served for their bedrooms. The entrances into these little rooms were always tight, it is said that some of them were so ably disguised that it was impossible to see them; and in case of unexpected attacks by enemies the people hid in them; and awaited the enemy's departure. "Besides his' compartment in the communal house every man of a family had a special `barabara' where he kept his hunting outfit and in which he usually stayed in the summer with his family living in the communal house only in the winter." 2 CULTURAL TRANSITION AND NATIVE HOUSING We are attempting to show that the Native people of Alaska lived in dwellings that were satisfactory to them and to their environment before the "white man" 1Ales Hrdllcka, The AZeutia~ and Commander Islands and The3r Inhab~tante, the Llsler institute of Anatomy, 194~l, p. 45. 2lbid., p. 47. 182 I would want to say briefly before closing here inasfar as the corn.- melits on the housing are concerned, I would want to adjust this. At one time in history the dwellings that the Alaska native people and the Indian people lived in were adequate to their culture. But we have imposed a new culture on these people. Since that time the housing and their dwellings have become inadequate. `Through a generous settlement, through a bill such as we would propose with the amend- me~tts that have been suggested previously, it is hoped to make a more int~elligent and acceptable adjustment to the culture and to the society in `Jwhich we live today. ~p hank you very much. Mr. HALEY. Thank you. Mr. LEKANOF. May I ask that the statement on housing also be included in the record? Mr. HALEY. Without objection, it is so ordered. (The statement follows:) / PAGENO="0187" 183 set foot on the native country. Same can be said in regards to the Indian people before the white man invasion of his' country. With this introduction of the Judiac-Christian philosophy way of life the problem of housing began. This was first of all started with the family concept of the new philosophy-one man, one wife, one house idea. I am not saying that the idea is wrong but that the means to achieving it is wrong. The new philosophy did not provide the adequate means. As the result of this conflict we have the housing problem of the Native people of Alaska. Abram~3 writes about this condition: "The snow igloos still seen in the Oanadian arctic and the Aleut's barbia~a (a sod house with driftwood timber supporting the roof) which had been the tradi- tional shelter of these natives had long ago given way to the small frame houses one now sees in most of the villages ; so, too, the summer tupek of skins has been replaced by the canvas tent used as a temporary shelter in areas where the game and fish are present. Viihjalmur Stefansson, writing shortly after the turn of the century of an expedition into the arctic, records that up to ahout 30 years before his journey, the beaches around Point Barrow had been thickly strewn with driftwood which was harnessed by the Eskimo into the construction of his shelter. The houses were crude but were built so that not much fuel was needed to keep them warm. When the frames were put together, they were covered with earth to a thickness that made the shelters practically cold proof. They were entered through a long alleyway by a door that was never clos'ed even during the winter, and the ventilating hole in the roof was always open so that a current of air circulated through the house at all times. For this kind of a house two or three seal oil lamps would keep the temperature at a uniform 00 to 70 degrees fahrenheit throughout the winter. But contact with another culture also induces emulation-for better or worse-and the contact with the whie man according to Stefans~on was for the worse-at least as far as his house was concerned. "With the white men of the last half century there came to the Arctic the white men' lofty and commodious frame dwellings. Although these are thoroughly ill-adapted to the country, they soon became the fashion, and the Eskimo began to build their poor hovels in the best imitation they could make of the pretentious homes of the foreigners. The flimsy walls of these new dwellings admitted cold by conduction so that the seal-oil lamps were no longer sufficient for keeping them warm, and even the sheet-iron stoves in which driftwood could be burned had difficulty in keeping them at a comfortable temperature. Driftwood lay in apparently inexhaustible wind rows along the seashore, but these were the accumulations of centuries, which the Eskimo, having no use for wood as fuel, had allowed to grow. Now instead of being used as formerly only in the construe- tion of the house frames and in the making of sleds and implements, the drift- wood was used for fuel in an attempt to keep the flimsy new style house warm. The result was that the driftwood disappeared so rapidly that In thirty years, by the use of stoves, all of it is gone, from Point Hope to thirty miles east of Point Barrow. With the increasing scarcity of fuel the ventilation of the houses had to be curtailed gradually, so that the modern Eskimo house is practically sealed against fresh air. If there is a keyhole on the door you will find it stuffed with chewing um4 As the result of the un-vented dwelling of the present day Native people we have record breaking statistics in ill-health with the pulmonary ailments leading the way. It must be said that not only the coming of the white man as such prompted the Natives to adopt the new house but that the Educational philosophy directed from Washington played a very vital roll in accomplishing this folly. The idea was that a house that was not vertical is either "vulgar or degrading." According to studies made by the Federal Field Committee of some 7,500 dwell- ings about 7,100 need replacement according to the Bureau of Indian Affairs an additional 344 new dwellings are dwellings that are needed annually because of population increases.5 On a regional basis, housing conditions vary somewhat as reported by the Bureau of Indian Affairs to Congressional Committee in 1966, but the uniformity of their reports is more pronounced than their variety! "Southeastern : Except in one village the housing situation is most deplorable. All but a few homes in each locale are dilapidated and substandard. 8 Charles Abrams. Housing the Aksska Native, published by 4~he Alaska State Housing Authority, February 1967, Anchorage, p. 10. 4Vilhjamlmur Stefanssou. My Life With the Eskimo, the Macmillan Company 1918 p. 91. 6Federai Field Committee for Development Planning on Alaska, Report, Anch. PAGENO="0188" 184 ".Bri~to1 Bay : Housing is the most pressing and serious problem for natives in theiremote villages. Generally speaking, housing is substandard. It is made- quate ~m terms of rooms, condition and cleanliness. "Soi~thwestern : In general natives live in one-room houses made of those materjals which are typically available-driftwood, lumber, plywood and logs. "No~thwestern : Most houses are one room construction without insulation and sanitation facilities." Acderdicug to the Federal Field Committee, in southwestern Alaska Surveys of ten v~llages (1961-1963) show 848 homes containing 524 rooms, an average of 1.5 rooim~ per house. With a surveyed population of 1,978 persons, the average per room~is 3.8 persons-a somewhat larger number of persons per room that exists for a4rerage households (3.5) across the United States. Among the ten villages the exter~t of overcrowding ranges from 2.3 persons per room in Tanunuk to 5.2 per- sons ~er room in Chevak. Tl$ director of the U.S. O.E.O. after visiting Nome in 1967 described its hons- i'ng, f'most of the houses are ramshackle, falling-down places. But even this city has ~t slum that is worse than the rest of the town (King Island Village) where 500 ~atives live on the most abject poverty that I've seen anywhere-including Afrik~a, Latin America, India, or anywhere else." "WHAT TO DO?" The attached statement of Alaska Remote Housing Committee along with the brk~f of the implementations plan is the type of a program that we support for Alaska Natives. This includes the so-called "Bartlettes Bill" for native Act of 196$ (S. 1915). ~iven the opportunity through the Native Land Olaims settlement the Native pec~ple would help themselves in solving their own housing problems. This is why th~ title to 40 million acres and the 500 million dollar settlement is so important. T1~is is a moral issue. We must be given the opportunity to adjust decently to the clo~ninant culture that has imposed itself upon us. We submit 1)0 your staff a copy of The Testimony Regarding Ak~ska Remote H&usint/ Program by Edwin B. Crittenden, Executive Director, Alaska State Housing Authority and Housing The Alaska Native by Obaries Abrams. Your prompt action towards the settlement of the Alaska Native Land Claims is necessary for the attitude `of self-respect for the Native people of Alaska. Mr. Chairman, members `of the Committee, I thank you for the opportunity of qipearing before you. Mr. H~aEY. Does that conclude your statement ~ Mr. `CONNOR. Yes, Mr. Chairman. Mr. HALEY. The gentleman from Colorado. Mr. ASPINALTJ. Mr. Chairman, I wis~h to commond the witnesses on the `statements they have made, but I doubt very much that a great ~ieal of this testimony is justifica~ion for what this committee is called upon to do in this particular. It is good history, it is a good `statemenit ~f the conditions. But this committee handles only the land problems ~s such `and claims problems as `such. The matter of education, the ~iuatter of social development, the matter of health, those matters will ~have `to be `treated just as we would in any other part of the United states_they have to go to the other committees. It may be ba~ckgrouncl ius to the claims of the Indians or claim~ of the natives, but it does not have `anything to do as far as we are concerned with the equities `of what the natives are entitled to insofar as the jurisdiction of this committee is concerned. I read your statement, Mr. Lekanof, before you gave it. I don't think you `intended to imply that even the way the natives lived in Alaska before they `tried to copy this new culture that came into their country was any more health pro- viding than the homes and `dwellings they have had since then. In other words, the rate of mortality wa's much greater in `tho'se early days be- cause of the w'ay they lived. From what record's we have, if I have read my hisbory correctly, of the bronchial troubles `and `so forth, than even PAGENO="0189" 185 what we have at the present time, which is too bad, which I will admit. Ts that not right ? Mr. LEKANOF. Mr. Connor will respond. Mr. CONNOR. Mr. Aspinall, may I respond to that ~ Mr. ASPINALL. I just want to get it in the record. Mr. CONNOR. We have done considerable research in the Aleutian area and the anthropologists that have worked there have determined that the Aleuts enjoyed a very long lifespan. Many lived to be 100 years old. This is done by a study of the bones. The reasons ascribed to the long lifespan is the high standard of living they enjoyed in that region. Mr. ASPINALL. We are talking about two different things. The num-' ber of Aleuts is very small compared to the rest of them. You were in more or less the temperate climate and the warmth of the Gulf Stream. I am talking about the natives who lived in the North where they barred themselves up, as the statement said, in secret places and put chewing gum in the keyholes in order to keep out the air. This is all understandable. I understand it. I just don't want this record to be misleading. I think we have made improvements up there. In fact, in the cases I was told about, when I was in Kotzebue that the health situations were much better than they were in previous years. I am hoping that in the last 16 or 17 years they were better than they were then. If not, the Health Department, not the Committee on Interior and Insular Affairs has neglected its job. You folks are entitled to the same advantages for health and edit- cation and social development as any other part of the United States at the present time. Isn't that right? Mr. CONNOR. That is correct, sir. Mr. ASPINALL. So it should not come into this particular responsi- bility of this committee, unless you want to make the background to show your needs. Mr. CONNOR. Mr. Aspinall, I think it demonstrates a couple of things. First of all, some people who are opposed to the native land claims say, "Look, these people should be merged into the dominant culture, or they already have been, so why should they be compensated." Mr. ASPINALL. We've got that every place. You've got that in every nook of the Amei~ican people. You have other people for whom perhaps we should not build any more houses and everybody should live out- doors year in and year out. I don't want to get into this argument. Mr. CONNOR. It also demonstrates how the settlement and the use of the proceeds may relieve some of the Federal programs eventually through the self-determination of the native people themselves. Mr. ASPINALL. That is right. On the other hand, it makes no difference what line you get it out of. It all comes from the Federal Treasury. You folks are citizens of the United States. I want you to keep that in mind. It does not make any difference what your background is, your bloodstream or any- thing. You are citizens of the United States and you are entitled to all these other programs. Mr. LEKANOF. Yes, Mr. `Chairman, I think the important thing here is `that we are asking an opportunity for a people who would decide on their own future; the concept of self-determination. At one time the native people enjoyed this type of living. They survived for over PAGENO="0190" 186 2,000 rears-in the case of the Aleuts for over 4,000 years by making their own decisions. As records indicate, they lived happily. They canno~t do this today. They cannot even call the land on which they `are squ'at~ing their own land. They have no title to it. `Mr~ ASPINALL. That part is before this committee. That part is all right~ But when you get into the question of health and education and so foi~th, you are getting into something else. We make provision for those opportunities uniformly throughout the nation. To get you to the place where you can enjoy that, that is something else. M~. LEKANOF. What I am saying is with the opportunity given to us thro~igh a fair land settlement the people will be given this opportu- nity/then to be more participants in plans for better housing and for bett~r educational programs than they are today. Mlr. AsPiN~i~L. I have no quarrel with that `as long as you talk about ian~. But when you get into the $500 million, plus, program and you bac1~ it up with the needs of the people for education and health pur- poses, then I get just a little bit off the beam. That is all, Mr. Chair- malt They made a good case for their position. Mr. HALEY. May I say to my distinguished colleague from Colorado, you referred to people a little while ago who' wanted to live outside all the year around, if anybody wants to do that they better move to Flc~rida. Mr. ASPINALL. They better not stay in my district, I can tell you that. ~{r. HALEY. Mr. Berry. ~[r. BERRY. Thank you, Mr. Chairman. I do nct have too many questions. I want to suggest to Mr. thnnor, however, that the Alaska p*chase is not unlike the Louisiana Purchase. My State was included in the Louisiana Purchase. At that time the United States ostensibly botught this territory. In all of the cases that have gone to the Indian co~irts I think you will find that they based their settlement on the V `lue at the time of taking. I believe that is correct. Mr. CONNOR. That is correct. `Mr. BERRY. Rather than the present value. Mr. CONNOR. Y~S. At the time of taking, the time they were divested of their lands. I the case of the Louisiana Purchase they were frequently pushed o~ at a very early date, as I recall. This would account for the early thking dates on which those awards were based. Mr. BERRY. The settlements have been made in my State. Inciden- tally, South Dakota has at least half as many Indian people as you l~ ave in your State of Alaska and most of `them are in my district. Two ~rears ago it was my privilege to go to Alaska and we stopped at Fort yukon and walked into the store. I couldn't tell any difference between ~?ort Yukon and Pine Ridge, in my congressional district. I mean one ~tndian area is just about like another Indian area. / Mr. P0LL0OK. I think you were in one of our nicely developed vii- lages. You ought to see some of them. Mr. BERRY. I suspect that is true. I want to commend you, Mr. Lekano'f, in your statement that the solution is in getting industry to the reservations. This is something that I have been fighting to get for PAGENO="0191" 187 18 years, and I think this is the solution and answer to the problem. I think that is all, Mr. Chairman. Mr. HALEY. The gentleman from Alaska. Mr. POLL0CK. Thank you, Mr. Chairman. Mr. Connor, I think one point you did not bring out but `alluded to, perhaps assuming that the committee was aware of it, is that it is my understanding in the Court of Claims the judgment would be only a money judgment and not involve land under the normal situation. Isn't that so and here we have a different situation.? Mr. C0NN0R. That is correct. It has been customary to just award money. The natives take the position that they would like to have some land and this is a valid form of settling the matter. Mr. Por~ocK. I knew I would get a rise out of you. Mr. ASPINALL. Of course. The last important bill we had before this committee was a bill for the Indians. That was their plea. They wanted 48,000 acres of land, too. The Indian Claims Commission left it wide open for this committee to make this determination. Mr. POLLOCK. Yes, sir. Earlier you gentlemen both alluded to' the problem as we discussed earlier before you were witnesses about the one-quarter blood or more or less. What specific proposals do you have to meet the problem? Mr. C0NN0R. I could submit some suggested language. In the bill that we drafted, which is S. 2906, we put a provision in there that where a person cannot estaJlish or where the evidence is not available to establish his blood quantum then the Alaska Native Commission would make `a `determination. The test would be whether he is regarded as a native by the community in which he lives or from which he emanates, `and that `his parents were so regarded. There would be the test. We are saying where you do know the blood quantum is less than a quarter, that `some of these people would still be includable. In other words, expand it slightly. We already have a provision in there to take care of people who have difficulty in assembling proof. We just hope the Alaska Native Commission will make fair determinations in these cases. Mr. POLLOCK. I wanted to get that in the record. I believe it was brought out in the Senate testimony and I thought it should be here. Mr. Lekanof, there is one comment I would like to make about your presentation. It was a very, very excellent one. I wonder if you pre- sented your education plan to the State of Alaska. Have you presented it to the Governor? Mr. LEKANOF. No, this is the first time that the proposal has been given to anyone. Mr. POLLOCK. As you know, the State is attempting little by little to take over the education process. Mr. LEKANOF. We intend to turn it over. Mr. Poii.ocK. Mr. Chairman, in making the comment about the ex- cellent presentation of Mr. Lekanof, I would like to' observe on behalf of the committee that I think we have some very, very capable young native leaders who today have made an excellent and very eloquent presentation of' their positions. We are very proud of them and we do think they are quite capable of running the affairs of their native groups. I am very pleased with them. PAGENO="0192" STATEMENT OF OHAELES EDWARDSEN, JI~., BARROW, ALASRA I am Charles Edwardsen, Jr., Eskimo born and raised at Barrow, Alaska, and now a student at Western Washington State College at Billingliam, Washington, majoring in the fields of political science, economics, and sociology. It was very essential for the colonists to have cooperation and friendship with the Indian at the time of European colonization. This was a necessary condition for colonists to gain a foothold in America. As one historian put it, "The Indians were pressed remorselessly when their friendship became of less value than their land." The forms of taking were many, i.e., by cajolery, trade, and force. With the new European community came its institutions, social, economic, military and the technology which has been de- veloped by Western man. This was the beginning of the destructive campaign against the primitive Indian. The most lethal weapon of the Europeans and their greatest ally was their diseases. The historical development of European colonists was always at the expense of the American Indian. There was a period of tranquillity, as reported by Captain Arthur Barlow to Sir Arthur Raleig, "We were entertained with all love and kindness and with as much bounty as they could possibly devise. We found the people most gentle, loving and faithful, void of all guile and treason, and such as life after the Golden Age." The Indians not only schooled the Pilgrims in the culture of maize and squashes, but taught them how to fertilize the hills with ale- wives from the tidal creeks. Most people do not believe that the Indians had developed title to their land or ties with the land. This is completely misconceived because land and the Indians were bound together by ties of kinship and nature rather than by an understanding of property ownership. This conception is the very essence of Indian life. The American policy toward the Indian was formalized by a Committee of the Continental Congress in October 1783: "Indian Claims upon such lands, it has become necessary by the increase o~ domestic population and emigrations from abroad to make speedy provisions for extending the settlement of the territories of the U.S. and because the public creditors have been led to believe and have a right to expect that those tern- r I 188 Mr. HALEY. I am sure thatis true. They must be hardy, good people to live up there in that climate. Mr. PoLLocic I meant also intelligent. ~i: r. HALEY. And they send good representation down here. ~{ r. P0LL0CK. Mr. Chairman, earlier I introduced most of the peo- p1~i I believe in looking over my notes I failed to introduce Rev. Walter S~boleff from southern Alaska, one of the great leaders of our native p~ople. Mr. HALEY. Reverend, we are glad to have you down here. Take a ldok at the committee and Congress and pray for us. The next witness is Mr. Charles Edwardsen. Will you give your name to the reporter and your residence and who you represent? ~TATEMENT OP CHARLES EDWARDSEN, FR., ESICIMO, BARROW, ~ ALASKA Mr. EDWARDSEN. I am Charles Edwardsen, Jr., Eskimo, from Bar- row, a student at Western Washington Sta~te College. I represent my- self and the interests of my people. Since my statement is quite lengthy, I would like to make a few commen t~. Mr. HALEY. Without objection, the statement will be received and made a part of the record at this point in the proceedings, and you may comment. (The statement follows:) / / PAGENO="0193" 189 tories will be speedily improved into a fund towards that security and payment of the National debt." This Committee consisted of Mr. J~ames Duane, Mr. Richard Peter, Mr. Daniel Carroll Mr. Benjamin Hawkins and Mr. Arthur Lee. Although Thomas Jefferson felt that "No land shall be appropriated until purchased of the Indian native proprietors", yet that committee of Congress came out with "do not pay for lands." This became a policy of the U.S. expansion program for the Northwest move- ment. This policy was altered by Chief Justice Marshall in the Cherokee case: "The title of the Cherokee people to their lands is the most ancient proof and absolute unknown to Man, it's date is beyond the reach of human recall its validity is confirmed by possession and enjoyment antecedent to all pretense of claim by any portion of the human race ~ ~ ~ The Cherokee people have existed as a distinct national community * ~ ~ for a period extending into an- tiquity beyond the date and records and memory of man ~ ~ ~ These attributes have never relinquished by Cherokee people "~ ~ ~ and cannot ~ ~ * be dis- solved by the expulsion of the nation from its own territory by the power of the United States Government." A nation which was founded on the principles of freedom and justice has violated its own principles. The point of violation is in the national structure of its own representation-that it was good to point a finger at the American savages. With its instructions of law, economics and the social adaptations, this very nation has violated its own principles. Because the national economy is based on appropriations from the land. With this type of economic base and `the existing political order it was ad- vantageous to the United States to gain all lands possible at the cost of the American Indian. This is and was the National policy of our social, economic and political history. Although the Chief Justice of the United States of America ruled that social, economic and political justice towards the American Indian was necessary, he was ridiculed and laughed at by Americans and also by the President, and his rules were not enforced. With no appropriations for enforce- ment, Congress itself has and will have the responsibility for enforcement and authorization of expenditures. It was advantageous to the Congress regardless of the ruling of the Supreme Court to go on with what we now know as the American policy to the savages. So much for the historical development. A question, why do we have the land problem in Alaska? As we all know the contract between the United States and Russia wa's approved by beth nations at the cost of the aborigines of Alaska which were neither approached nor consulted at the time of the transaction. A question, what have we done to protect the native's ? The Organic Act of 1884 was passed by Congress with certain characteristics which involved the social, economic and political well-being of native Alaskans. Have we achieved the man- date of Congress of 1884? The answer to that i's no. Today is 19~38. The works and the international image and the prestige of the United States is at stake. The Orangic Act stated that the lands of the Alaskan native's shall not be disturbed, and the Congress shall decide at a later day upon these lands and the rights of the Alaskan Eskimo, Indian and Aleut. To brief the Congress on the social, economic and political development of Alaskan Natives : the first policy was military control. The policy of the miii- tary is to suppress the American Indian. This has been documented throughout American history. The second period was territorial government, which gave civil government to the white community of Alaska `to suppress and oppress the native. Along with this government came the American `institutions of churches, economic enterprise and political leadership. There was another mandate' by Act of Congress on the passage of the Statehood bill. Alaska then became a full- fledged State, inheriting problems of its past, present and future policy on the American Indians. What have we done in Alaska? Let us examine the `side effects of our own social, economic and political `institutions, with respect to the natives of Alaska. In the area of education, Congress appropriated $25,000 and at the very begin- fling a principle was established : The education to be provided for the natives of Alaska shall fit them for the `social industrial life of the white American popu- lation of the United States and promote their not-so-distant a'ssim'iiiation. As reported by the Department of the Interior, the children shall be taught in the English language, reading, writing, arithmetic, geography, history, physiology, temperance and hygiene. 98-181-68------43 PAGENO="0194" 190 WI~at did they accomplish with this $25,000 ? The general agent for education was ~r. Sheldon J~ackson who was a prominent secretary of the Presbyterian missi~ons. In the formulation of schools in Alaska the churches played a definite role. Alaska was divided into regions and certain responsibilities were given to the ~hurches. The Oarmel Mission along with Bethel was operated by the Mo- ravi*n Church ; the interior of Alaska was appropriated to the Roman Catholic Chu~ch schools based at Holy Cross and Nulato ; the Seward Peninsula at Cape Prince of Wales was operated by the Congregational Church ; Point Hope by the Epi~copal Church ; Point Barrow by the Presbyterian Church. Along with edu- cati~nal emphasis caine the conversion of the savages of Alaska. This campaign was not easy because of the competition between the Shaumons and the ails- siorjaries. We must congratulate the churches, because they have christianized the Alaskan Native. `J~his was the first campaign of introducing the institutions of America at the cosj of cultural losses to Alaskan natives. The churches have fully pacified the inn~ocent savages of Alaska. What is wrong with native education? Dr. Oharles K. Ray, Professor of Educa- tio~Ti at the University of Alaska, had this to say : "Let us now end this survey of Es~dmo education between the two World Wars by analyzing the defects which m4de it so inferior to elementary and secondary school education in the U.S. and militated so strongly against the Dskimo's attainment of social and economic equality with Alaskans." We can discern four serious weaknesses A. Poorly qualified teachers B. Poor teaching methods and unsuitable textbooks C. Excessive load on the teachers and inadequate supervision I). Inadequate school facilities YEARS OF FORMAL SCHOOLING COMPLETED, 19601 [In percenti -- ~ ~ ~__ ~ ~._ White Nonwhite Jess than 5 years 12 years or more 4 or more years of college 1.5 63.2 11.4 38. 6 17.4 1.2 1 Roger and Cooley, Alaska's Population and Economy, vol. II, pp. 174-187. Although now the State of Alaska has the responsibility of educating the Alaskan native, the BIA is operating ~7 day schools and two boarding institu- tions in Southeastern Alaska. What has the State done to accomplish the tak- ing over of the BIA schools? We have the Johnson-O'Malley program which gives the authority to the State of Alaska for the transfer of the schools. What measures have been taken for acculturation of the Alaska Natives? One nieasure is the C;OPAN program under the leadership of Prof. Saulshury. The goals of the program are as follows: 1. To orientate the student to college life. 2. To afford the student a deeper appreciation of his original culture and to better understanding of his adopted one, by helping him to objectively compare them. 3. To isnprove the student's ability to express his thoughts and feelings to others, to encourage individuality and assist each student to develop a sense of economy and self-respect. 4. To improve the student's perception of himself and his abilities. r;. To help him to choose realistic goals. 6. To enable each student to recognize his work as an individual and as a contributing member of the larger society. At the first, fourteen students volun:teered to participate under this program. As examples of some of the social, economic and political problems of their native communities, one student writing of prison noted "Jail was certainly better than the conditions at the place that was supposed to be my home." Another student stated "The Caucasians were more intelligent and had many opportunities but then they were also more greedy and selfish." One student talks of his home town. "Everything seems to be suffocating in the embrace of a season that last too long." Another student stated "you have to choose whether you are going to be white or native." I / I PAGENO="0195" 191 It has been a slow process of acculturation which Congress does not hear or fee1-~the social and political adjustments of one world to the other. I would like to quote a scholar from the COPAN project : "The ideas and experi- ences that will enable other tradi~tional students to create the synthesis of their own culture and Western culture by enabling them to understand the strengths and weaknesses of both ways of life while at the same time increasing their own personal sense of confidence and self-worth." This has been a radical revolution from the old orientation of the United States of America policy that we are going to help the Indians. The American policy was and is "we have to do it for them." This policy has not worked nor will it work. This has been the policy Since the creation of the BIA in March of 1849. Has the BIA failed? Or has America failed? The BIA has been a microcosm of American commitment to help or enable the American Indian. I cannot blame the Bureau officials but only the American citizens at large who have had this type of policy toward the American Indian. But BIA is its own creation and its commitment and answer to the social, economic and political development of the American Indian under the auspices of Congress. Historically the Federal government has maintained a responsibility by act of law for the welfare of the American Indians. It was not until 1924 that the Indian citizenship bill was passed. It was not until 1934 that the Indian Re- organization Act was passed. This legislation provided for development of tribal self-government and extended the Federal trusteeship over Indian lands. Another milestone was the Indian Claims Commission Act of 194G which set up a special commission to hear Indian tribal claims, primarily land claims against the Federal government. What was the role of BIA with respect to the Indian Claims Commission Act of 1946? The BIA had only one resource person, Mr. Charles Jones. Mr. Jones did riot travel within Alaska to explain the Claims Act. As a result, the Native people in Alaska were unaware of the Act and very few claims were filed. Those that were filed are the result of individual teachers initiating the claims. What was its effect on the Native communities? As a consequence of this fact few Alaskan native groups now have cases pending before the Indian Claims Commission. In fact, only the following filed claims prior to the deadline of 1951: DocleetNo. Group 171 (5 claims) Tee Hit Ton Indians. 187 Natives of Chitina. 199 ~ Athapascan Indians of Stevens Village. 200 - Natives of Tatitlek. 278 - Plingit-Haida Indians. 284 - Gambell and St. Lawrence Island Eskimos. 285 - Unalakleet & Unaligmut-Malemut Eskimos. 28G - Shugnak and Kowagmiut Eskimos. 287 - Nisgah Tribe. 352 (3 claims) Aleut Community of St. Paul Island. 369 - Aleut Tribe, et al. 370 - Natives of Palmer, Alaska. Source : Report to the Secretary of the Interior by the Task Force on Alaskan Native A1l~airs, p. 65. How has this legislation affected Alaska ? Let us examine the Indian Reor- ganization Act and its effects on Alaska. There are thirty-three community stores that are Eskimo, Indian or Aleut owned and operated. In 1958 a congressional committee was appointed to investigate the Howard-Wheeler Revolving funds in Alaska. The findings were: 1. It has failed to establish any program in the schools, on the job or other- wise to train Indians or Eskimos to assume top managerial positions in what was supposed to be their own business undertaking. 2. It had failed to carry out the Howard-Wheeler Act objectives of fostering the broadening and diversification of the Indian and the E~kimo economic base. These were criticisms of a senior economist, Dr. George Rodgers, which arose because of the remoteness from the scene and the jimited first hand experience of personnel of the Washington office of the BIA, the `retention by the office of control over many details of Native owned programs, and conflicts with sound ad- ministrative practices. These were the analysis of Dr. Rodgers, a senior research economist at the University of Alaska. But does this mean that the natives can- not manage their own affairs? I simply will state the recent developments of PAGENO="0196" 102 the ew social and economic institutions created by the native people of Alaska. (An Jysis in a publication called "The Fiskimo Administration in Alaska "Thi sudden awareness on the part of the non-native Alaskan of the Eskimo and othe native people, and the outburst of activities attempting to deal with their prob ems was no accident, but the culmination of a longer development process whi h raised the Eskimo from political importance to political power." T aditionally living and functioning in small isolated groups, the Eskimo be- gan to learn from the more politically experienced Southeastern Indians the imp~rtance of union. Regional Native organizations began to multiply around the rim of Alaska from the Northslope to the Gulf of Alaska and in the upper reaches of t~ie Yukon and Tanana rivers for the purpose of protecting Native rights in lan~I matters protesting the adverse effects of the proposed two billion dollar Itarppart hydro-electric pro~ject and demanding greater self determination for the1residents of the Pribilof I~lauds. J~ut the land was a cause common to all and in October 1966 eight separate assbciations formed, consisting of Eskimos, Aleuts and Indians, joined together in a united front of the Alaska Federation of Natives. The seIf~determinatiOn of Ah~ska Natives has had recognition from the non-native community as a political fo4ce to reckon with. They are not only fully aware that they have a right to vote and otherwise participate in the political process, but they have found their pojitical voice and an economic weapon which could prove more effective in ath~ancing their causes than the economic boycott and violence used by the Negro irilnorities elsewhere. The political and economic impact of the land freeze and the delay in the determination of the native land claims was immediate and far-reaching. The intent of the Alaska Statehood Act to provide the new State with income from tl~e land re~ources during its critica~ period of initial development was thwarted. T~ais is the answer to the prolilem "can the Native people manage themselves ?" I WAR EFFORT AND JOBS I Let us examine the war effort and the role of Alaskan natives. We have e~'perienced World War I and World War II and the Korean War and the War 1~TI Vietnam. The roll of the Native has had national s&guificance. I would like to quote a letter from Defense Secretary Charles Wilson, to the Department of flealth and Welfare in 1954. "Two battalions of Natives were organized for use as scouts throughout sparsely settled portions of the Territory of Alaska. The ~1rst battalion consisted of Eskimos from the Coastal plains hetween Barriow and tlnalakleet and Diuingham. They are obviously the oniy miUtary personnel who could in time of emergency live off the land and exist in this barren frozen ~erritory. They have had considerable military `training in camps and are con- sidered the most valuable adjunct to the security of this entire area." Along with the war there was creation of service centers. These centers were at Barrow, Kotzebue, Unalakleet and Bethel. These centers were accessible by both land and air and in addition became hospital locations. This has had adverse effects on the Alaskan native. These adverse effects were a loss of traplines and a loss of 173,377 reindeer, which meant loss of livelihood. This was from 1941 to 1948. Other adverse effects were the introduction of liquor to the larger Native coni- munity and family breakdown of marriages because the Alaskan women were readily available to the white man. The war effort also had some positive effects, these effects were introduction of the native to the wage economy. In terms of manpower shortage during the war efforts, new skills were achieved by the Alaska native. I would like to quote Eskimo Administration Volume I by Dimond Jenness. "The Eskimo proved themselves steady laborers, cheerful in the face of hardships and willing ~o brave coldness and the stormiest weather. Some of them acquired new skills, they became profIcient carpenters or they learned to operate diesel engine and heavy and light machinery." Native manpower ~as used in the establishment of military bases througho~it Alaska. Now let us come to 1968 and the role of Alaska Natives in our wage economy. What has happened to the cheerful hardworking native ? I would like to quote from a publication called Alaska Natives and Federal Hire. "Their unemployment rate based on labor force estimates at about 16,500 is a staggering 60%. Being jobless these native Alaskans live in poverty and suffer its consequences." Why did this happen? At the same time one good end would be served by increase of employment of Alaskan Natives. Another end would also be served by reduction of the enormous cost of transporting new employees and their families and household goods from other states to Alaska at an average of $2,500 for new PAGENO="0197" 193 employees and another $2,500 to return the departing employee to his point of hire in another state. Another cost of outside recruitment is about one million dollars spent each year for those who continue on duty in Alaska but receive reemployment leave, and travel benefits popularly known as home leave. IIEALTI-I What are the conditions of native health and how do they compare with the National average? What is the significance of Alaska's native health conditions to the National image? "Phere seems little doubt that the principle health prob- 1cm is the high morbidity and morality from acute infectious disease among in- fants and preschool children. Gaistroenteritis, pneumonia and meningitis are the principle killers, accounting for twenty-nine out of sixty known deaths among children less than five years of age during 1965. The previous year, 22 percent of all hospital admissions were in this age group, an estimated ninety percent of which were for acute infectious diseases. After the three diseases listed above, chickenpox, bronchitis, otitis media, infectious hepatitis, impetigo, streptococcal sore throat, and upper respiratory illness are the most important causes of morbidity." (Heci2th Conditions among the Eskimos of the Yukon Kuskokwim Delta, Alaska by Robert Fortune, M.D.) Based on the best figure available for 1965 the infant mortality in the area was 118 per 1000 live births, compared with a U.S. Indian average of 42.9 (both for 1963) . More significant, perhaps, is the fact that the Delta area has an infant mortality over twice that of Alaska natives as a whole. The postneonatal death rate (28 days through 11 months) for the area is a striking 96 per 1000, live births, about fourteen times the national average and nearly four times the Indian or Alaskan native rate. This figure portrays clearly the extraordinary role of infectious disease as a cause of infant deaths. Indeed over two-thirds of all deaths in the 0-4 year group in 1965 were known to be due to infectious diseases. The next most significant health problem is the excessively high incidence of non-tuberculoous respiratory disease. Lobar pneumonia, bronchopneumonia, acute and chronic lronchitis, bronchiectasis, and upper respiratory infections account for more hospital admissions and hospital-patient days than any other type of illness. During 1964, 17% of admissions to the hospital were for a primary diagnosis of respiratory disease other than tu'berculo'sis. Many other ifineses treated in the outpatient clinic or on village trips are respiratory. Of these diseases, lobar pneumonia and bronchiectasis deserve special em- phasis. Lo~bar consolidation of the lung is exceedingly common, especially in pre- schoolers. Although most cases respond well to antibiotic treatment, a significant number go on to complications such as empyema and bronchiectasis. This latter disease has only fairly recently been recognized to be widespread among Eskimo children. As yet the basic pathogenesis is unclear and further study of this inter- esting condition is warranted. Tuberculosis called the `Alaskan scourge' by the Parran Committee, has per- liaps declined in relative importance as a health proilem but still ranks a strong third. In 1947, Dr. Langsam of Bethel estimated that 50% of all eases seen at the hospital were complicated by tuberculosis. The average annual infection rate among children 0-3 years in 1949-51 was estimated at an astounding 24.6%, a situation virtually unparalleled in the medical literature. The Parran Report (1954) strongly recommended a crash attack on tuberculosis based principally on a program of ambulatory chemotherapy at home, utilizing is'onized and PAS. This program was administered in the Bethel Area by the Arctic Health Research Center. By 1957, the average annual infection rate in 0~-3 year-olds has dropped to 8.5%. From 1957-59, the Arctic Health Research Center carried on a controlled trial of isoniazid prophylaxis in twenty-eight villages in the Delta region. By 1960 the annual infection rate was a mere 1%, a striking tribute to the effective- ness of these control measures. The titherculosis epidemic has continued to abate until the present, although the disease still causes great economic hardship in the region. A reorganized and intensified attack on the problem in recent years promises to reduce its incidence even further. During the first nine months of 1905 twenty-one new sputum- positive cases were found, for an annual incidence rate of 202 per 100,000. Many other patients are screened for activity because of a suspicious chest film. Extrapulmonary tuberculosis is still seen but is becoming more uncommon. New cases of tusberculous meningitis, military tuberculosis, tuberculous pericarditis and Pott's disease have all been diagnosed during the past year. PAGENO="0198" 194 A quote from the speech of Dr. Muschenheim, M.D. delivered before the Fourth Nati4nal Conference on Indian Health, November 30, 1966 : "Public Health Serv~ce which has worked so effectively in the past decade to improve the health cond~tions of Anierican Indians, and which has so very much more still to do. Eve4 among physicians and atn~ong medical educators there is as yet little appre- ciati~on of the niagnitude and the scope of the assignment which the Public Health Ser~ice was given by the Oongress, or of the manner in which the task is being perf~rmed and how it is supported. Medical colleges have not been as active as the~ might well be in seeking affiliations with this branch of the Public Health Ser~'ice for joint programs of many kinds." Ilow will the Native Land Claims enable the native health conditions in Alaska? "As a nation, therefore, we have not only to support the Public Health services by providing it with adequate appropriations to perform its part of the task. We have also to recognize that the Indian Pribes have partIcular and specific claims on the national government. They hold such communal assets as ~hey still possess as, for instance, reservation land by virtue of direct dealings in ~he for~m of treaties with the government of the United States. Some of the Najtive peoples \~ThO have little or nothing (as the Alaska Native villagers) are without property because they have been unable up to now to obtain any se1~t1ement of rights and claims which have been recognized in principle by the U4ited States for a hundred years. Inasmuch as this conference is a health co~iference, rather than simply a medical conference, I make no apology for sp~taking on these matters which are sociological, economic and political, but w~idch have such an important bearing on the health situation. While the American Indians are citizens of particular states, as well as of the United States, ai~d are entitled to equal rights and services in the states in which they reside, a~ are other citizens, there is in addition a special relationship to the Federal gçvernment which is the consequence of history, and `not just of the circumstance t1~iat the several tribes and Native groups constitute impoverished minorities i]~1 their respective regions of habitation. These problems are therefore necessarily e~mplicated because, while the individual states have responsibilities for the **elfare of their Indian communities which some of them, however, do not i~ecognize, so also does the nation have a special direct responsibility to' them i~iorally and legally. This is well known of course, to legislators and to' probably i~nost of the citizens of States in which there are sizable organized Indian ~ ommunities. It is not well understood however, by most people elsewhere or by average citizens, even in some of the states like New York state, in which there are some Indian reservations. A fair settlement of Alaskan Native Land Claims is not, though few people outside of Alaska appreciate this, a matter for Alaskans (Native and white) to settle among themselves. The territory of Alaska before it became a state, belonged by purchase to' the United States, and the Federal government still holds most of the land. The ceding, under the Statehood Act, of something like 20 per cent of the land to the State of Alaska without having made any similar definjte commitment of land to the Native inhabitants, leaves those no better off than they were before statehood. When the territory was purchased there was recognition that the indigenous population had claims and rights to land they used and required for their ~ subsistence but these rights and claims were never defined. To my considerable surprise, I found in talking to several young Public Service officers in Alaska that they believed the Indians and Eskimos to possess large' reservations in various parts of the state. As a matter of fact, however, there is only one very small true reservation in the whole state, settled by a group who came over to Ainnette Island from, Canada. There are in addition two larger reserves, withdrawn from the Public domain for their use, but to which the natives do not have title. As I understand it, aside from small parcels in villages, few Alaskan Natives own any `land, individually or collectively. One of the difficulties of Native Alaskans is that they do not hold titles of sufficient validity to' enable theni to obtain loans from the Federal Housing Authority for housing construc- tion. The question of Alaskan Native land claims, and all that this involves with respect to housing and health, is a National question but it receives little national attention. Were people more fully informed I have little doubt that a decent and generous settlement would be made. Land problems and housing problems confront Indians of other states' too with great difficulties'. That their collective land holdings in many areas have dwindled largely through allotments and multiple heirships 115, ~f course, well known. But the shrinking land base is of course, not the only cause of economië &SpPessiOfl: T1~ absence / PAGENO="0199" 195 of suitable alternatives to a hunting and limited farming economy and the difficulties in developing sources o1~ money income are also well knowm. I am never surprised but always dismayed when well-meaning but poorly informed people ask why do not the Indians integrate themselves more effectively into the general society. This question, so frequently asked, is disarming because to answer it appropriately requires a considerably longer explanation than most inquirers have the patience to hear. To reply simply that probably they'd rather not, or, contrariwise, that they do not have the opportunity to integrate would not, either way, properly answer the question. Nor would it be very informative to reply that for the most part they do not have the opportnnity and that, in any case, they have strong attachment to their own cultural heritage and are understandably ambivalent in their reactions to the alien society which has engulfed them. This is, it seems to me, a reasonable statement of the case, but it is quite meaningless to anyone who is unfamiliar with the va1ue~ on the one side of the equation, namely the character and equality of the cultural heritage to which Indians are attached. Therefore, if we wish to preserve the National image in which we see ourselves, namely of fairness, of beneficient interest in the powerless and the underprivileged and value in defining the specific character of mental health preblems in Indian life, and the origins of the problems will `be evident to anyone who reads the transcript of that conference." THE ROLL OF THE STATE OF ALASKA'S EXPENDITURES, BY TYPE AND FUNCTION, 1965 Type/function Expenditure Percent of tota' Totalexpenditure $196.3 Education 47.8 24 Highways Publicwelfare Hospitals Correction Natural resources Employment security administration General control Housing and urban renewal Airports Water transport and terminals Interest on general debt Insurancetrustexpenditure 78.1 39 6.6 3 6.6 3 45 2 6. 5 3 2. 1 1 6. 7 3 9. 7 4 8.7 4 . 6 3. 0 1 5.9 3 Miscellaneous 7.8 3 Source: Compendium of State Government Finance in 1965, U.S. Department of Commerce, Bureau of the Census, table 9. What is the role of the Federal Government in Alaska In terms of fiscal appro- priations of 1967? AGGREGATE EXPENDITURE OF FEDERAL PROGRAMS FOR ALASKA, BY AGENCY, FISCAL YEAR 1967 Agency Expenditure Defense Department $320, 734, 500 AirForce 185,791,500 Army 104,755,000 Navy 30,188,000 Commerce Department 58,940,572 Health, Education, and Welfare 50,628,932 Independentagencies 49,416,841 Interior Department 46,921,576 TreasuryDepartment 15,364,000 Allothers 23,972,185 Grand total 565,978,606 Source: Newsletter, Reportfrom Washington, from the officeof Senator E. L. Bartlett Feb. 4, 1966. PAGENO="0200" F 196 A 13Efl~F HISTORY OF RESOURCE EXTRACTION IN ALASKA The native populace of Alaska was exploited by both European and American busi4iessmen without establishing Native industries or leaving resources for use t~y the Natives. The economic activities were extraction of furs, minerals, and fish. Thus left a diseased native population, driven almost to the point of ex- tinc ion for lack of subsistence. In the Arctic at the peak of the whaling years the otal extraction of whales was appraised at $14 million dollars, but as the sup ly of whales was cut off by the whites, the population data reflected the loss to the Natives of this needed resource: POPULATION Place 1823 1863 1890 Point Barrow Point Franklin Poinjt Hope ~~~aref Inlet 1,000 Large 2, 000 1, 000~2, 000 309 (?) (7) (?) 100 None 350 ` 3 1 ~Iouses. fr his is a classic example of past economic developmeiit policy of the European p~wers without consideration of the Natives of Alaska. The extraction of mineral \v~a1th was the same. At that time the Native populace bad no legal authority to seki~ure mineral claims. Therefore, they were excluded from mineral b~cause the Native Alaskans were not citizens of the United States. This was the pØlicy of the United States until 1924 when the Native Citizenship Act was passed American fqr Alaska. At that time all the enterprises were owned by the greater ct~mmunity whose offices were at Seattle, Washington, and San Francisco. The s~ime is true of our 11~shery extractions at the present time. I would quote laska Development Corporation's Annual Report ; it can speak for itself: L11±~ ~ : isheries 96. 5 128. 7 126. 5 104. 7 125. 0 166. 5 185. 0 I~orest products 47. 3 44. 7 49. 7 50. 1 58. 0 57. 5 67. 8 Minerals 20. 6 17. 8 18. 8 35. 2 35. 5 1 47 6 34. 7 Oil and gas 1. ~ 17. 0 18. 8 35. 2 35. 5 35. 6 50. 2 Agriculture ~ ~ 5. ~ 5. 8 5. 5 5. 6 5. 2 5. 5 Furs 4.8 4.2 4.3 4.4 4.4 5.8 ~7.0 Total 175.9 217.9 233.7 232.6 264.0 318.2 350.2 1 Reflects postearthquake construction. 2 Largely an increase in unit prices. Source: Alaska Development Corporation Annual Report. As you can see the five hundred million dollars is completly justifiable, along with 40 million acres of land which the Alaska Federation of Natives is demand- ing. The Congress is going to ask how are you going to spend the money ? What will you do with the land if you get it? I would like to ask the Oongress how they have developed such an enterprising nation? The development of America has come about by having a sufficient land base. This formula of paying public debt waS devised by Alexander Hamilton and his expertise. Social and political re- sources have not been made readily available to the Alaska Natives. This five hundred million dollars and 40 mullion acres will suffice for ordinary development among the Alaska Natives. The Federal government under the auspices of the Federal Insurance System has allotted the necessary legal business consultants and the available technological expertise to insure the proper social, economic and political development of those businesses which receive loans from the Fed- eral government, thus making the Federal government the sole underwriter of our great industrial organizations. This form of expertise has not been made readily available to the Alaska Native. The Federal government provided neces- sary services such as electrical power, subsidizing high cost transportation and PAGENO="0201" 197 water resources, to existing American enterprises. With this social, economic and political aid of the Federal government, proper development came about in the lower 48 states. It has now become necessary to allow financial assistance and sufficient land base for the necessary development of Alaska Natives. Where does the larger business community receive their services and expertIse? Lik~ any proper development it is' planned and organized to `insure the necessary human resources which the larger American community has. If Congress has further douhts of proper development of Alaska the two living and historical experiences are Metlakatla and the Tyoneks. Their development is based on ownership of land, minerals and sufficient financial resources. The rest of the Native community has been left behind because the Congi~ess of the United State~ of America has been dormant. We have waited a long time. We have had a lot of promises from the great white chiefs resting in Washington. We want this chance to enable the invisible people of Alaska to become full-fledged American citizens with rights to their J~and which is rightfully theirs. Now with our existing technological eco~nomic expertist, we will devciop our rightful resources. Mr. EDWARDSEIN. We have experienced by the nature of our social and political institutions that it was advantageous for the white community to move on westward at the cost of the American Indian. This became a public policy of the United States. This policy wa~ the taking of land, when the friendship and the cooperation of the American Indian was not necessary. As the white community estab- lished a foothold he moved on northward. This moisrement did not stop. It went on to Alaska. Having the same principles at this hour the economic institution in America is our public lands. This is how the United States of America has paid its debt-~on the taking and sale of these lands at the cost of the American Indian. What we hope to do is to change that policy, that we as Americans are guilty in many ways and forms of taking of Indian lands. I thank you. Mr. HALEY. Are there any questions? Mr. ASPINALL. I have two questions, Mr. Chairman. Mr. Edwardsen, what is your Eskimo blood ; how much? Mr. EDWARDSEN. I am three-quarter Eskimo, and one-quarter Nor- wegian. I was the last of the whaling group. Mr. ASPINALL. That is fine. Your presentation, Mr. Edwardsen, is somewhat correct. It is not entirely correct. The U.S. Treasury has never received too much money because of th~ sale of its lands. Most of our lands have been given to settlers, as far as that is concerned, or given to railroads ; it was said this morning by one of the witnesses in his presentation for the indus- trial settlement. What has happened is that the United States has con- doned the march westward in order to get these lands developed. The financial rewards that came were from the lands themselves after they were settled and not especially because of the sale of the lands ; isn't that largely correct, except for the revolutionary period. Mr. EDWARDSEN. Yes and no. In my analysis the Federal Govern- ment has also subsidized any form of development, at least in the Northwest expansion and the Northwest movement. But my basic question is that it is a political question. It was only good and neces- sary for the white leaders under their own institutions to go against the American Indian regardless of our `principles that this Nation is founded under. Mr. ASPINALL. I have no quarrel with that statement at all. I think that is `history. That is all, Mr. Chairman. 98-181-68-14 PAGENO="0202" I 198 Mr. HALEY. Are there any further questions? Mr BERRY. Only to comment, Mr. Chairman, that in looking at the map, ~you come from Point Barrow, probably the most northern point in the United States. Mr. EDWARDSEN. That is right. Mit. BERRY. Our chairman, from Florida, comes from almost the most sout~ern point. So this is quite an expansion between the two of you. TI~ank you. M~. HALEY. Thank you very much, Mr. Edwardsen. Mfr. POLL00K. I would like to add to the comment that Carlie Ed- war~Esen's home is the place where Will Rogers and Wiley Post were kilh4d in 1935. Americans will never forget the place. N:r. HALEY. I might say to the gentleman the late gentlemen were ver± good personal friends of mine. It was a great tragedy. At that particular time in the history of our country, I hope the gentleman nothd, that the Congress, recognizing his great contribution to the An~erican `way of life, he made a request, if `he was ever put in the St~tuary Hall over here, that his statue be placed where he would be lo~ing at the door of the Congress, and that is where they put it. He is ke~ping a sharp eye on us yet. 4~[r. HALEY. The next witness is Mrs. Laura Bergt. Will you tell us wI~o you are and who you represent? May I say that you are the best looking witness we had today, and I appreciate you coming down here because I like to see a pretty young lady, even at my age. STATEMENT OP LAURA BERGT, MEMBER, NATIVE LAND CLAIMS TASK FORCE, MEMBER OP STATE REMOTE HOUSIIiG CO'Ml~!ITTEE, STATE TOURISM ADVISORY BOARD AND STATE COMMITTEE Oi~ CHILD'REN MID YOUTH, HEALTH, AND WELFARE Mrs. BEROT. Thank you, Mr. Chairman. Mr. Chairman, my name is Laura Bergt. I am a member of the Ziative land claims task force. I am also a member of the State remote 1~ousing committee, State tourism advisory board, and the State committee on children and youth-health and welfare. I was raised in Nome and Kotzebue and have lived in southeastern Alaska, Fairbanks, and in Barrow where I worked as a secretary in the hospital. I have traveled extensively throughout the State of Alaska, to the Arctic, interior, southeastern and the Koskokwin areas. Through this, I have become very well acquainted with the extreme poverty, poor housing, and health conditions of the natives throughout the State. There are approximately 50,000 natives in Alaska. Approximately one-half of the native population is below 15 years of age. In 1955 Congress delegated health care for the Alaska natives to the division of Indian Health, USPHS, which is provided either directly through seven P115 hospitals in Alaska or by contract with private physicians in Kodiak, Wrangell, Nome, and Fairbanks. Preventive health serv- ices are jointly provided by the TJ'SPHS and the Public Health nurses of the State division of health through a contract. The doctors at the USPHS, Barrow, Tanana, Ko'tzebue, Bethel, and Kanakanak field hospitals make periodic visits to the various villages PAGENO="0203" 199 in their area in order to carry out case findings, health supervision, chronic disease followup, and health education. The hospitals main~ tam daily radio contact with the remote villages of their areas, corn- municating with the native health aid who is trained to report symp- toms and to dispense medication and first aid under medical advice. Native housing in Alaska is totally inadequate, with severe over- crowding and no sanitation facilities, and is closely related to adverse health conditions. The typical Alaskan native home is small-about 12 by 24 feet, on the average. It is dark, cold, and poorly ventilated during the long winter. There are often 10 to 12 persons, mostly children, living in that one room. Fuel is costly, water is scarce, and usually hard to come by. Except in a few villages where wells have recently been dug by TJSPHS, the people must go great distances for water, which is too often contaminated from rivers, sloughs, and ponds. During the winter, ice and snow are melted and consumed without prior boiling or chlorination. In most of the homes, a "honey bucket," as it is generally known, is used for human waste disposal. Garbage and other refuse are often deposited just outside the homes, to be strewn about by children and dogs. The high death rate due to respiratory disease is a direct result of overcrowding. Many of those recovering from severe respiratory in- fections have been left with very severe damage that will handicap them for the rest of their lives, according to Dr. Martha Wilson, Serv- ice Director of Alaska's Public Health Service. Too frequently, those cured of respiratory diseases return home to conditions favoring re- infection or some other disease. The Alaskan native's average age at death is 34.7 years in contrast to the national average of about 70. The high incidence of infant mor- tali'ty-more than twice the rate than in the United State&-is one of the contributing causes, and of all deaths of Alaskan natives in 1964, 25 percent were infants, in contrast to 6 percent for the Nation. Con- tamination, infection, and contagion are a constant problem for the Alaskan native ; it is little wonder that the native's lifespan is half that of other American citizens. The preceding is only a brief sketch of the health problems facing the Alaskan native. A generous settlement of the Alaska native land claims would have a side effect of relieving many of the native health problems, since the basic living environment would be improved. This is an example of how the benefits under this legislation complement numerous Govern- ment programs which have already been in operation for the better- ment of Alaskan natives, the goals of which have not been reached. Mr. HALEY. Does that complete your statement, young lady? Mrs. BEROT. Yes ; it does. Mr. 1L&i~rn~. It is a very good statement. The gentleman from Colorado. Mr. ASPINALL. I, too, want to welcome Mrs. Bergt before the corn- mittee. I did not mean to imply that I did not want to hear about the health `situation and social advancement and educational advance- ment I just wanted to let the witnesses know that this was largely outside the jurisdiction of this committee. PAGENO="0204" I ~ 200 w re you in Kotzebue in 1951? M s. BERGT. Yes ; I was. M . ASPEN-ALL. There were a few of ns who visited there. One' of the outstanding personalities I remember was Abe Lincoln. Nlrs. BEROT. Yes ; I know Abe very well. Mr. ASPINALL. He was very, very articulate and in his way made a very good impression on the coimnittee that was there. Also', we ate lunèh. We made an awful trip that day. We went from Fairbanks- thi~ wa's in November-to Kotzebue to Norne before the day was over. I njever s~w dayhght in Nome, by the way. We had some kind of pie ~ wish berries out of the marshes. What kind of berries were those? :~Irs. BEROT. Blueberries. ~Ir. ASPINALL. It was a blueberry pie and it certainly shook me. ~ B~ueberries north of the Arctic Circle. I could never get over that. I . still remember the water `situation, as you referred to, which was ice taken from partly fresh water and piled up next to the house. I can remember many other things. They were, and are in want. Don't get me wrong. I want to see the conditions in all of Alaska change. I i~ant all of Alaska to have the `same benefits. Some people in my dis- t~ict do not have any less hardship. They have just as much hardship `4s many of the natives in Alaska, much to my distress. Thank you very much. Mr. HALEY. The gentleman from South Dakota. Mr. BERRY. Mr. Chairman, I join the chairman of the committee ~ n complimenting you on your statement. Mr. HALEY. The gentleman from Alaska. Mr. POLLOCK. Thank you, Mr. Chairman. I just want to compliment Laura, also, on your testimony. If you ever `decide you need a brief respite from your toil in Alaska, I would be happy to have you in my office. Mrs. Bman~. Thank you. Mr. HALEY. We are very happy to have you here. Mrs. BEROT. I am very glad to be here. Mr. HALEY. The next witness is Mr. William Paul. STATEMENT 0]? WILLIAM PAUL, ATTORNEY AT LAW, SPOKANE, WASH. Mr. PAUL. Mr. Chairman, I have been sitting back here sweating all day long. Mr. HALEY. You won't have to sweat very long, Mr. Paul, because my time is running out. Mr. PAUL. I have rewritten my speech a dozen times and I am, going to confine it to the questions posed. My grandfather `and grandmother on both sides were Indians. My `legal residence is in Alaska. My domi- cue right now is in Seattle. I am one of the attorneys for the Arctic Slope Association, and they are the ones that have proba~bly the rich- est area of oil in `all of the North American Continent. Referring to a remark of the chairman a while ago about Abraham Lincoln, it is perhaps some distinction to me that my mother was once betrothed to an Abraham Lincoln. Fortunately she got out of it. That is the reason my name is not Lincoln. The thing that I noticed as we went on with our subject was this: Continually it has come up and PAGENO="0205" 201 the remark has been made `that the United States bought Alaska from Russia. That is not `a statement of fact. The fact is the United States bought the sovereignty, and it did not disturb the actual ownership, use, and occupation of the inhabitants. That is based upon interna- tional `law. Along back in the 15th century there were five nations that came together and they decided what rights each discoverer should have in the new land. This was reduced to one statement ; namely, that the inhabitants who dwelt in North America would not be disturbed in their possession except in one respect-~they could not sell without the permission of the discovering nation. On that theory we eventually came to the position where `the United States holds the legal title, but the equitable title is in the hands of the inhabitants who' lived in this country. So through that scheme we finally came to the place where we have guardians. The United States holds the title for us, we are wards of the Government, the Government is the guardian. All of the trouble that has come up to us since that time is due to the fact of this guardianship. I say that the 103 million acres given to Alaska was not a gift of the equitable title. It was given to Alaska with a flaw in it; namely, the Indian title. I will read `a paragraph from a law case: The contention that Indian lands are public lands, subject to the disposition as such in 17 Wall, 211 was again rejected by the court. In this case the de- fendant, Joy, claimed under centain preemption Acts of Congress. The Court pointed out that the occupancy rights in the land in question had been in the Indians from the start and was there1~or clearly subject to the disposition by the Indian Trea,ties. In the matter of the rights that go along with the equ ita'ble title, the Indian title is good against anybody and everybody exc~pt the United States. I heard Mr. Dwart when he `was up with a `committee of Con- gross challenge me on the statement. You are correct. We `cannot sue the United States. But we can sue every single homesteader and miner that comes into our country and on that he had no exception. Subject to the right of possession, the ultimate fee was in the Crown and its grantees which could be granted while the land remained in the pos- session of the Indian `could not be taken `without their consent. This is in Mitchell v. United States published way back in 1935. The definition of Indian title consists of, for that word Indian title is a subject-it is not in the law itself. Here is what Judge Marshall said: Indian possession or `occupation was considered with reference to their habits and modes of life. Their hunting grounds were as much in their actual possession as the cleared fields `of the whites and their rights to its exclusive enjoyment in their `own way and for their own purposes were as much respected. It is enough to consider lit as a `settled principle that their right of occupancy is considered as sacred as the fee simple of the whites. That I `caTi good title. That is what the Court calls ownership. That is a word over which there is much dispute. But Judge Marshall from the Supreme Court of the United States said that occupation for hunt- ing `purposes aion&-we say we do not need these laws. We have plenty of laws. We don't need any $3,500 million that seems to frighten this committee. Just tell the Indian Bureau and others who have authority to let us do the leasing of those oilfields. We can lease them. We can make a lot of money. Governor Hickel can come along and tax all the products which may run as high as 50 percent or more. We know the courts have said that PAGENO="0206" I 202 the right to tax is the right to destroy. We do not need anything from Oon~ress. But because we were pushed into a corner the Alaska Feder- ationj of Natives wrote ~ bill-I don't know what the House title is- the ~enate title is .S. 2020 and I would like to know from anybody what is wrong with that bill. That bill says that the Court of Claims shall deci~1e what we have lost, and we will be paid for it. it will also decide what we still own. Concerning that there will be delineation of what that quantity is. Gentlemen, that is the reason why the Governor of Alaska and `others are against the bill, because they do not want our property line de fine~i. I think I have said enough. ~hank you very much. N~ r. HALEY. Thank you very much, Mr. Paul. ~he gentleman from Colorado. :~i r. ASPINALL. Mr. Chairman, I have heard Mr. Paul several times. I t~iink this is the most elegant and succinct statement he ever made: Mr. PAUL. I did better than that one time when I was told to give a 2-minute ~peech. it was the best speeoh I ever made. Mr. HALEY. Short speeches are good speeches. I have a letter signed by Frank W. Rogers, Western Oil & Gas A~sociation, who asks that this be made a part of the record and with- oi4t objection, it wilibe so ordered. I (The information follows :) ~ WEsTERN OIL & GAS ASSOCIATION, I W~shington~, D.C., July 11, 1968. I~on. WAYNE N. ASPINALL, C~1~irma~n, House Committee on Interior and Insular Affairs, Washington, DXI. DEAR MR. CHAIRMAN : The attached statement expresses the views of the Western Oil & Gas Association with respect to HR. 17129 and related bills dealing with the Alaska native claims problem. It is submitted for your committee's consideration with the request that it be ~nade part of the record of the hearings on this matter. Your consideration of his request will be very much appreciated. Sincerely yours, FRANK W. ROGERS, Washington Representative. STATEMENT OF THE WESTERN OIL & GAS ASSOCIATION ALASKAN NATIVE CLAIMS LEGISLATION Pursuant to the announcement of a hearing to be held on July 11 on the pending bills for settlement of the Alaskan native claims, at which only witnesses from Alaska will be heard, we submit this statement for the record. We are interested in the pending legislation because various member corn- panics of this Association have extensive interests and operations in Alaska under oil and gas leases issued by the United States and by the State of Alaska. We believe that the Alaskan native claims should be settled on a fair `and equitable basis, and we i~avor the enactment of legislation to that end as soon as practical. Legislative resolution of these claims, and the lifting of the admin- istrative land freeze imposed by `the Department of the Interior, are clearly in the interest of all concerned-the natives, whose needs and moral claims should be equitably dealt with ; the State of Alaska, whose revenues, land grants, and general economic development are being adversely `affected ; persons who have homestead, mineral, and other rights and interests under the public land laws and who have applied for such rights and interests, but are subjected to some uncertainties and delays because of the claims; and the public generally. This statement is limited to matters in the legislation which particularly con- cern us and our members. W~ do not pre~iime to speak on the many other matters covered by the pending bills on which we have no parti~t~ft1l' inform~ion or corn- PAGENO="0207" I 203 petence and which primarily concern others. These matters include such things as the amount of compensation which should be granted to the natives in extin- guishment of their claims, and the extent to which the United States should cx- ercise trust or other controls over grants made to the natives.1 We are concerned with four matters of particular interest to us which do not appear to be adequately covered by any of the pending bills. We believe that these matters should be appropriately included in the legislation in order to achieve the ~ ~ objective, which seems generally desired and in everyone's interest, of having a complete and definitive legislative solution of the problem of the Alaskan native claims-a solution which will leave no uncertainties or loose ends for future resolution.2 These matters of particular concern to us, and our suggestions for handling them in the legislation, are generally as follows: 1. There needs to be a more comprehensive statement of the native claims which are being settled. Some of the Alaskan native claims purport to embrace water as well as land areas, but the pending bills would only settle claims to lands. Accordingly, the legislation should be expanded to extinguish native claims to waters as well as lands, particularly since there appears to be no basis for asserting native claims to waters ; ~ exception could, of course, be made for any water areas included in existing reserves which might be granted as provided in Section 6 of H.R. 17129. It would also seem that all native claims which have not been heretofore resolved should be covered ~y the settlement, regardless of whether they are based on aboriginal use or occupancy, or are asserted under the Organic Acts of 1884 and 1900, or otherwise. 2. The various provisions of the pending bills which make native grants "sub- ject to valid existing rights" are all right so far as they go in protecting the State of Alaska and others to whom the United States has transferred public lands' or granted interests in such lands. However they need supplementation and clan- fication, particularly in the case of mineral leases issued by the United States'. Such leases are "valid existing rights", and no doubt should be left on that score, particularly ir~ view of the millions which have been invested in developing them and the production which has been obtained with resultant benefit to Alaska and its inhabitants. In addition, the words "subject to" are of uncertain meaning in the case of leases which are traditionally regarded as not disposing of the land covered by them. For example, those words can be read as barring the grant to natives of 1and~ covered by Federal mineral leases. It may also be possible to read them as ~e'rmitting the grants to be made burdened with the leases, but then there are further questions as to how the leases, and particularly the rights reserved therein to the United States, are to be handled thereafter.4 There are 1 For example, the question of compensation primarily concerns the natives, the United States, and the State of Alaska ; we could offer nothing on the point other than the general principle that settlement should be fair and equitable, having in mind, of course, that Congress has complete power to award as much or as little compensation as it sees fit, since Congress is dealing with moral claims rather than legal rights, Unfted states v. ~5anta Fe Pacific R. (Jo., 314 U.S. 339, 347 (1941), and Tee-Hit-Ton Indians v. United 1~tates, 348 U.S. 272, 278-82 (1955), and that there is a split of authority over whether these aboriginal claims of the natives of Alaska survived the Treaty of Cession. The Ninth Circuit held in Miller V. United ,~tates, 159 F. 2d 997, 1001-02 (1947), that Russia extin- guished aboriginal title as part of the consideration for the Treaty. However, the Court of Claims reached a contrary conclusion in The Tlingit and Haida Indians, 147 Ct. Cl. 315, 333-34 (1959), holding that the aboriginal title of those particular Indians had not been extinguished by the Treaty. 2 As the Secretary of the Interior indicated in his letter of April 30, 1968, transmitting the latest legislative proposal of the Departmen,t which has been introduced by request as HR. 17129 (with certain technical changes) and as S. 3586 : the extent to which the Alaskan native claims are to be recognized is exclusively a policy matter for Congressional determination, and a solution of the problem by Congress, after weighing the equities Involved and the data available. Is preferable to authorizing judicial proceedings because of the delays and difficulties attendant upon litigation. 8 The Court of Claims refused to award compensation to the Tlinglts and Haidas for fisheries, stating inter alia that "Navigable waterways are not subject to private possession." The Tlingit and Haida India~nz of Alaska et al. v. The United States, No. 47900, decided January 19, 1968 (Slip opinion, pp. 7-14). 4 The Solicitor of the Department of the Interior has held that, without legislative authorization, the Secretary cannot transfer his jurisdiction over leases or the interests of the United States as lessor and must, therefore, retain title to oil and gas in the United States when he conveys lands covered by leases. Opinion M-36254 (December 28, 1954), Authority Ta Issue Patent Without Reservation of Oil and aas Where subsequent to a Consent by the Entryman to h'uch a Reservation the United states Has Issued an Oil and Gas Lease and Thereafter Has Classified the Land as Not Prospectivdly YalnabTe for Osi and Gas; Opinion M-36436 (May 9, 1957), Mineral Reservations in Enchanges of Indian Trust Patent Allotments Under the Act of March 8, 1921, and Supplement to M-~36436 (April 14, 1958), Authority of the secretary of the Interior To Assign His Jurisdiction Over an Oil and Gas Lease or the Lessor's Interdst Therein. PAGENO="0208" 204 also additional questions as to what happens if only part of the lands covered by a lease are granted. These matters have not been left hanging in making grants to the ~tates of lands covered by Federal mineral leases.5 They should likewise be appro~~riately resolved here. We accordingly suggest that provisions should be includ4~d in the legislation which- J(a) would recognize that the validity of Federal mineral leases is not a1~ected by the native claims; ( b) would state that the existence of a Federal mineral lease does not bar a grant to natives of all or part of the lands covered thereby; (c) would provide that the Secretary would continue to administer such a lease for its duration notwithstanding the grant ; and ~ ( d) would give the natives such share of the lease revenues reserved to the United States as Congress may deem appropriate. Appropriate recognition should also' be given to the rights of the State of Alaska under its land grants. Under familiar principles a state selection is corn- plete~ and the rights of a state vest when a proper ap~iicatiou to select is filed in aceo~dance with all legal requirements, Payne v. New Me~oieo, 255 U.S. 367 (192~[) ; Wyoming v. United Btates, 255 U.S. 489 (1921) . In Alaska's case, Section 6(g)~ of the Statehood Act (72 Stat 341) authorizes the State to make conditional 1eas~s and conditional sales of selected lands following the selection and the tent~tive approval of the selection by the Secretary of the Interior. These selec- tion~ and tentative approvals, unlike mineral leases, involves disposal of the lan4 itself and cannot be accommodated with a grant of the same land to natives; in this context, it should accordingly be recognized that the rights of the State bar a grant to the natives and that this is the necessary effect of providing that gra~its may be made "subject to valid existing rights". 8~ The imposition of the administrative land freeze in early 1967 stopped the iss~tance of Federal mineral leases for public lands in Alaska. Numerous appli- ca4ons filed before and subsequent to the freeze have been pending without action, and substantial amounts of advance rentals tendered therewi th have be n tied up in the meantime. We believe that there should be provisions in th legislation which would : (a) lift the land freeze as soon as possible, (b) pr vide for resumption of the processing of mineral and other applications for th public lands in Alaska, and (c) give appropriate consideration to the equities of those who have bad applications delayed by the freeze. Section 7 of HR. 17129 would help considerably in these respects, but would apparently permit the present gituation to continue for an indeterminate time with respect to the 2O million acres which may be withdrawn under it. We question whether this result is necessary or desirable in the case of mineral leasing, since mineral leasing can be handled in ways which will not prejudice the objectives of the withdrawaL Inasmuch as mineral leasing does not constitute a disposal of the l~nd, it is possible to permit leasing of any withdrawn lands under escrow or ~ther appropriate provisions which will safeguard the interests of the natives ~ the event that the withdrawn lands should eventually be granted to them. We believe that provisions along these lines should be included in the legislation. ! 4. The legislation should contain clear authority for the creation of easements 4ver lands granted to the natives which are needed for the administration and ~itilization of Federal lands. We note the authority contained in Section 7(g) bf H.R. 17129 to make grants subject to such easements. We wonder, however, if this authority is broad enough to reserve easements, the need for which may ~iot be apparent at the time of grant but which subsequently become necessary in order to administer otherwise landlocked Federal holdings. We suggest that consideration be given to this point. In conclusion, we agree that the proper solution of the Alaskan native claims is a difficult and complex task which requires careful study. We assume that I there will be further hearings and consideration before a definitive legislative solution emerges. We will accordingly be glad at `the appropriate time to elabo- rate on the general views expressed herein and to submit specific language to carry out our suggestions. We may also have additional suggestions to make after further study. Meanwhile, we appreciate the opportunity to submit this statement and to acquaint the Committee generally with our views and our support for legislative resolution of the Alaskan native claims which is urgently needed. We hope it will be helpful to the Committee to have this statement from us as it continues its work on the matter. See, for example, 43 U.S.C. 852(a), and Section 6(h) of the Alaska Statehood Act as amended (72 Stat. 342, 73 Stat. 395, 74 `Stat. 1025, 78 Stat. 168). PAGENO="0209" 205 Mi PATJL I would like to enlarge on my testimony and file it later Mr HALEY You have the permission and the committee stands adjourned. (Whereupon, at 4 p m, the subcommittee adjourned) (The supplemental statement of Mr Paul received subsequent to the hearing follows:) STATEMENT BY FREDERICK PAUL ATTORNEY FOR THE ARCTIC SLOPE NATIVE ASSOCIATION It is the curse of modern political practice that when there is a need amongst some of the citizenry, the Congress appropriates vast sums of money, and there- by the Congress has done its duty to correct the wrong. Aside from a relatively minor modification by way of a recognition of relatively small areas of land, the basic intent and purpose of the Department-sponsored bill in solving the Alaska native land problem is to pay the natives some money. The Arctic Slope Native Association is opposed to such a solution. We use the phrase describing the granting of money as a curse of modern political practice advisedly and with some poignancy in the instant situation While the Ala'ska Federation of Natives has suggested that the funds to be appropriated under its plan be administered by an independent agency rather than the Bureau of Indian Affairs nevertheless we can use the experience with the Bureau as some sort of a guide as to the net result of the appropriation of money. The Bureau gets an annual appropriation around $300,000,000, and so far as solving the Indian problem in the continental United States the Bureau has been a failure. (Perhaps inadequate Congressional authority hats contributed to the Bureau's failure, but in any event, for whatever reason, the Bureau system has failed.) The Oongress is likely to forget that, as of now, the natives have title to much of Alaska ; even the worst Indian fighters will agree that the land tenure by Indians under the authority of "Indian title" includes substantial rights. The extent of such ownership is several hundred million acres, even when we exclude direct invasions by the United States through the granting of patents, mining claims, forest lands, townsites, etc. Congress itself has staid, back in :1_584, that such lands in the possession of the natives or claimed by them should remain undisturbed. Finally, the Oourt of Olaims has said in Tlingit a'ad Haida Indians of Alaska v United states 177 F Supp 452 (1959) that as to the whole of Southeastern Alaska that area was owned by the Tlingits and Haidas that such ownership survived the Russian Treaty and survived the laws of general application for homesteads mining claims townsites, etc The reason why the Indians in the Thngit and Haida case prevailed and got some money from the United States is that the national forest proclamations were an expropriation But in the balance of Alaska, aside from relatively minor exceptions, there are no invasions by the United States, and so as of today, the natives own the vast majority of the land, including mineral rights, by way of Indian title. If we were to spea1~ legally we recognize that the Oongress has the authority to continue the rape of the Indian by taking such ownership away from them without further ado. But this is 1~6S, and we have confidence in the moral integrity of both the Congress and the people of the United States that a fiat expropriation will be so offensive that it will not and cannot happen. In order to salve this conscience, the Department has come up with a policy of recognizing Indian title to relatively modest areas around the villages and giving the various groups a sop by way of money The Arctic Slope Native Asso ciation is appealing to the Congress and to the people of the United States for land Its whole fight has been for the land of their forefathers where their culture is inextricably woven and if you please where they today make their sustenance. The Association asserts as civilization moves in the sustenance to be yielded by the land will shift from whales reindeer moose and salmon to the minerals and other natural usufructs The Association asserts that its members are be coming sophisticated and can manage the yield of the land in a provident man ner Money is fleeting and with the experience of more than a century of Bureau of Indian Affairs' management, the Association believes that it will be, in the large sense, useless. Land is permanent ; and when it. is the foundation Of one's culture, it has an emotional impact on the occupier, which money can never I PAGENO="0210" / 206 FREDERIOK PAUL. S&~rmE, WASH., Ap~'iZ 13, 1967. supp1~tnt. The Association further asserts that an appropriation of money, no matter how much, as a substitute for land, is a sop which cannot vindicate the natio~al conscience. A rape is a rape, and the mere fact that money is supposed to relieve the national conscience does not change its true character ; it is still a rape. Pl~e Association, as a member of the Alaska Federation of Natives, has agreed to i4odify its respective claim to a lesser amount of land `than it owns. If the Oon~ress were to be completely intellectually honest, the Congress would not perr~iit such a modification ; but the Association recognizes that powerful inter- ests/ are at play, that civilization is moving in, that in the continental United Sta'~es, it has been the history of our government to reduce Indian claims to a lesser amount, and so for these reasons of policy, the Association has agreed to a lesser amount. As to the area occupied by the Eskimos, a couple of million acres of icebergs is not very much and, therefore, a compromise further than the rec~mmendation by the Alaska Federation of Natives changes the form from a contipromise to an out and out expropriation. 4ttached to the within memorandum is a letter of answers to a questionnaire sui~mitted to the undersigned by the University of Alaska with the request that it ~e included as a part of this memorandum. Your attention is respectfully dii~ected to the Tllngit and Haida case, and to that portion of it which held that ev~n the barren and inaccessible mountain peaks were within the dominion of th~se Indians, `and that the only reason why, on an expropriation of them, the InUians would not be paid for such barren arid inaccessible places was because su/ch had no value. Now that oil has `been discovered, and remembering the Alcea B~tnd of Tillamook case included discovered mineral rights, i.e., discovered prior to the expropriation, the icebergs in the Eskimo country can provide the meta- morphosis from surfaces sustenance for the modern Eskimo to industrial suste- n~rnce for centuries to come. The Arctic Slope Native Association respectfully petitions the Congress to adopt the bill sponsored by the Alaska Federation of Natives. Respectfully yours, NIVERSITY OF ALASKA, ~4_ laska Review of Business and Economic Uon~ditions, College, Alaska. (Attention Mr. Victor Fischer, Director). DuAR MR. Fisennx : In response to your Inquiry of April 3, 1967, I submit the following. I am literally `following the format you have suggested in your series of question's. I suspect, however, that the full impact of my answers will be less meaningful than an article organized according to the natural conditions of the subject. I am not going to `succumb to the temptation of submitting such because the University of Alaska has sufficient prestige for me literally to follow your outline. Questions 1. Have you taken any definite steps to deal with lessees on state- selected lands in the north slope area? Answer. Yes. We have written to each of the successful bidders and offered to enter into covenants not to sue so that their title from the State would be secure. We have had no responses from any of them of sufficient importance to be called answers. In order to give a complete answer, however, we must tell you of the experience we have had in the Yakutat area. The Colorado `Oil and Gas Company was anxious to secure oil rights near the Indian village of Yukutat, `but there, too', the Indians had a blanket claim, and such was of sufficient diginty to prevent the Bureau of Land Management in issuing a federal lease for oil rights. Through a series of negotiations, the five chiefs of Yakutat entered into an agreement not to sue the Colorado Company on payment to the five chiefs, acting in their tribal capacity, of some $65,000.00. The money was paid, and the Colorado Company got their federal lease. A substantial sum of money still remains of this fund. The Department of the Interior is aware of this fund. I am not sure if formal approval was given to Its creation, but I do know that informal approval was. This is important because 25 U.S. ~ode 177 prohibits conveyances of land by Indian tribes to anyone. Therefore, with Department approval of the Yakutat formula, we have consistently advocated that such a formula is legal and effec- tive, at least for a temporary solution. PAGENO="0211" 207 Qi4~estion 2. What do you think the sta~tø's rote should be in the sta~te-native- Zeasee relationship? Answer. We think that Alaska should be developed for Alaskans. Our text in this area is our experience in Southeastern. The problem is a little personal to me because approximately half of the timber being cut for the Ketchikan pulp mill comes from the areas Which was abo~riginally held by my family, the Tee-hit-ton tribe of Indians. Let us assume that the Tongass National Forest was not, in its creation, a taking of the aboriginally held lands of the southeastern Indians. (We will later develop other phases of the southeastern problem. ) For many years, many profund thinkers thought that the exceptions contained in the Proclamation of the President creating the Tongass National Forest included Indian-title lands. The Congress was so uncertain that it passed a joint resolution in 1947 authorizing the United States Forest Service to sell the stumpage in the Tongass National Forest and to place the fund thus created in a special escrow fund. The fund was to be held intact pending determination of the question whether the United States on the one hand or the southeastern Indians on the other owned the timber, and whoever was finally determined to be the owner would get the fund. ilad the Indians prevailed in southeastern, the escrow fund would be owned by the respective groups within southeastern Alaska. So far as the economy of Alaska is concerned, it is much the better that the Indians own the money than the United States do. I can see huge developments being made as a result of local ownership of the stumpage being yielded by the Tongass National Forest. Instead, the money is being funnelled into the Teeasucry of the United States. Using our southeastern experience, it is to the interest of the state government of Alaska to promote native ownership of the lands. The problem becomes acute, however, because the state government has the right to select more than one hundred million acres of so-called public domain. The more lands held by the native groups in Alaska, the less lands will be avail- able for state selection. But the role of a government is not that of a capitalist. A capitalist, by definition, is seeking profit for himself. The role of a government, however, is to seek justice for its citizens. The natives are part of its constituents. Therefore, the state government, if it had any integrity, must support the native claims. This is true, even if it diminish the area that is available for state selection. The trouble, however, is that the state is hungry for money because its tax base is so perilous. I need only to point to the state's utilizing the oil 1~ase rentals as if it were current income, rather than as its capital, in order to sustain its state government. Therefore, the exigencies of the state in supporting itself and its services to the communities have promoted a greed. Necessarily, the state, in order to meet these exigencies, bias felt compelled to oppose native claims. This is a short-sighted solution, because the economic development which the native groups could, through wise management of their funds, produces for the good of all could be tremendous. We need cite only the Tyonek experience as proof of this thought. Other native groups are just as qualified in resisting the im- providence of the Bureau of India Affairs in economic affairs as do the Tyoneks. But to get back to your question : What should the role of the state be? It should be to promote justice. Whatever the truth is, let it be. Thus, the role of the state should be to assist in providing a vehicle for the determination of that question. It should assist the native groups in the enactment of legislation by the Congress for the determination of the native rights. Not necessarily that there should be a vehicle for paying the Indians and the Eskimos and the Aleuts. Rather, there should be a vehicle for the definition of the native rights, if it be money or definition of the area of present ownership or both. Certainly, the role of the state should not be to belittle the fundamental basis of native rights. Certainly, the state should not advertise publicly that native rights are fraudulent. Certainly, the state should not advertise that the native rights are baseless. We, all of us, should have faith in our courts to find the truth. If the natives do have rights, let us have faith that the native will he protected by the courts; if the natives do not have rights, let us have faith that the courts will find that result. If the natives do bad land rights, let us have faith that the natives will tvtllize such rights for the good of all. So far as Alaska is concerned, it is the better f~r Alaska that the natives have such rights, than it is for the federal government to have such. The role of the state in this entire problem has tremendous impact on public opinion. It will unduly lengthen the solution of the native rights problem PAGENO="0212" / if the state oppose them carte blanche. The reason for such a thought is that the Congress traditionally has been unwilling to continue the traditional in- justic*s inflicted on the Indians by further encroachments. The Congress will do so if enough pressure is brought to bear. But the Congress will take its own Sweet time in doing so, and it will take a longer time than if some other equitt~ble solution can be found. It is, therefore, our prognosis that if the role of th~ ~tate is merely to oppose native rights, the ultimate solution will be delay/ed. ToJ answer your question categorically, we believe that the role of the state in s4ilving our problem should be to assist the natives in their request in Cong/ress for a legal vehicle for the determination of their rights and the extent of si~tch. Qi~e~tion 3. What do you think is the best iirtteri~n solution to the native claim vs. state selected lo~nd problem? Atiswer. As a temporary palliative, we recommend the Yakutat formula. Question 4. What are your views on a reasonable test for "actual possession" of la~ads by natives from ttme immemorial? (Emphasis not supplied.) Answer. We are a little puzzled by this question because of your use of the word "reasonable." It seems to connote that there are unreasonable definitions of ~ossession. ]~n order to fully express our views on this subject we should start rather ob~iquely. Tee-hit-ton Tribe of India'ns v. the United States held that the Act of 18~4 did not ripen aboriginal rights in Alaska to a dignity sufficient to be pro- t$ted by the Fifth Amendment. Therefore, in suing the United States, the T~e-hit-thn Indians needed the consent of the United States. There being no consent, the action was dismissed. But notice that the Supreme Court did not h~ld that there were no aboriginal rights in Alaska. The Court did not hold tijat third parties could invade Indian-title lands. The Court did hold that the Tongass National Forest situation, that the Con- gt'ess cauld p~it the Tongasis National Forest stiimpage into an escrow fund, with o~ withont the consent of the Indians, and the Indians could not complain. An important principle to be gained from the T~e-hit4on case is that the converse i~ true : While the United States may do as it pleases with aboriginally held lands, *0 third person can do so. Traditionally, the United States has protected any ~nvasion o~f aboriginally held lands by a third person, which, of course, would ~nclude the state. I A second oblique comment should be about Miller v. The United $tates, which ~~rose out of Juneau. First, the individual members of a tribe, as distinguished from the tribe itself, lrought that aiction. Secondly, it was a case which arose early in the Alaskan situation. Thirdly, lit has been discredited in Hynes v. Grimes Packing Company. We mention this case because apparently our good friend W. C. Arnold seems to believe that it has some dignity. The Miller case is only misleading to the student of Alaskan native rights. The text in any Alaskan situation and native rights is Ti'ingit and Haida In- dians v. The United States, rendered by the Court of Claims in 1959. It can be found in 177 Fed. Supp. 452. The Court is composed of five members and had the benefit of able counsel on both sides. While the attitude of the United States, as such, has been beneficient towards Indians, the Department of Justice has done its best to protect the United States' Treasury. In any event, the Court of Claims held, at page 463, 464 "The Commissioner has found and we have adopted his findings that the use and occupancy title of the Tlingit and Haida Indians to the area shown on the map reproduced herein was not extinguished by the Treaty of 1867 between the United States and Russia, 15 Stat. 539, nor were any rights held by these Indians arising out of their occupancy and use extinguished by the treaty." Thus, not only did the Indians of Southeastern own all of Southeastern (the map there mentioned includes all of Southeastern) , but also such ownership, by way of Indian title, survived `the Russian Treaty and the public domain laws and the laws of general application relating to homesteads, mining claims, etc. In the Southeastern situation, so far as any wholesale appropriation of Indian title lands by the Tlingit and Haidas are concerned, the Court had to rely upon the Tongass National `Forest Proclamations as the act of expropriation. "These acts (principally the Tongass National Forest Proclamation) on the part of `the Government represent takings of land and water aboriginally used and `occupied by the Tlingit and Haida Indians for which `they are entitled to compensation under the terms of the jurisdictional act. 177 Fed. Supp. 452, 467, 468." / 208 PAGENO="0213" Applying these criteria to the interior of Alaska, we have no Tougass National Forest Proclamation. All we have are the Russian Treaty, the general laws relating to homestead and mining, and generalities of that type. Therefore the syllogism is that Indian title in the Interior of Alaska has never been extinguished, and the natives there still own that which they have always owned. In this context, you ask me what ~should be a reasonable test for actual pos~ session. The Court of Claims found that the Tlingit and Haida Indians owned all of Southeastern Alaska. To be sure, there were areas in Southeastern which were entirely inaccessible, and other areas which were entirely unusable be- cause there was simply nothing there for use, as for example, mountain tops. As to these barren and inaccessible areas, the Court of Claims held that the Tlingit and Haida Indians owned `the same and that they exercised dominion of the same, but "no value" could be "assigned" to them because of their barren- ness. Now to answer your question more directly : What would be a reasonable test? The answer must be that the test is a relative one. In the Eskimo area, no doubt one family needed one-hundred miles square. That is because the u.sufruct of the area were so meagre that such a large area was necessary in order to sustain the family. Bear in mind that my use of the term family is in its native sense and could consist of several white man's families. E~ven though the area was large, the Eskimos exercised dominion over `the same. No other person was per- mi'tted to trespass on the same. In the Eskimo region, of course, the white man has refused to trespass on the same because of its remoteness and hardships~ The type of use, of course, is important. Thus, `the Eskimos have their hunting trail's, their winter lodgings, their summer fishing spots, their vegetable resources over well-defined and well-protected location's and `areas. As is demonstrated by some material that I am enclosing, the Courts do not consider `that merely the square footage of an igloo is in the `possession of the E~k'imo, but rather his hunting areas, his fishing locations, the land over which he exercises dominion, as being in his possession. `More importantly, however, the question should be viewed from the practical. We, as advisors for the Eskimo groups, recognize `that the United States could deprive the Eskimos completely of their rights and, as is demonstrated by the Tee-hit-ton case, such deprivation is not a taking within the meaning of the Fifth Amendment. Thus, we and the Eskimos recognize there has to be a practi~ cal solution, that the demands of the state as well as justice to the Eskimo, both must have recognition. We say, categorically, that we on our side are willing to find a practical solution between these two diametrically opposed thoughts. But this last thought is one of compromise and not of pure justice. Q'uestion 5. Do yo~ further define "time inimemoria~" or do ijou co'nsider this term self -ecspTa~taitory? Answer. The question is not important because, in the context of Alaska, the groups have been in possession of their lands since time immemorial under any definition. Question 6. What constitutes "abaindoitment"? Answer. The English common law definition of abandonment is that one intends to turn his back forever on a thing he possessed. To understand abandonment from the standpoint of an Eskimo, Aleut, or Indian, one must understand his frame of reference. Land is non-transferable ; such a thought is unthinkable ; it is immoral to entertain such. Where man was himself reared, where he married and bore hi~ children, where he reared his children, where he knew his grand- mother and grandfather, and where he played with his grandchildren, to turn his back on such a place isi incomprehensible. To be sure, the younger generation is moving away. They are going to the white man's school, and going to college. Or maybe they have succumbed to the frailties of society and bar in Skid Row. We suppose that if an area has been abandoned for a couple of generations, then it is gone. Its being abandoned, however, is more a matter of the natives having died out, rather than intentionally turning his' back on his home. Certainly, there are areas where the true owner has disappeared and thus, there are areas which have been abandoned. Question 7. What is your definition of "aboriginal rights"? Answer. My definition is not important. The definition that I favor is that which is enforced by the Courts, namely: that of the Tlingit and Ha'ida case. The Tlingit and Haida case held that al'l of Southeastern Alaska was aboriginally held by the Tlingit and Haida Indians. An.d when I say all of Southeastern, I mean all. T 209 I PAGENO="0214" 210 Que tion 8. Do yoi~ think the test for act~taZ possession of native la~nd $ho~ld be the s~$e as for white's? Ans*er. The term actual po~sess~on is improper. The term p~ssession is the proper~ term. The word "actual" probably creeps in because of its use in the Act of 1884, I~ut notice that in the Act of 1884, that there is' a second phrase, thus' : "that the Ji~dians or other persons in said district shall not be disturbed in the posses- sion of any lands actually in their use or occupation or now claimed by them." ThØse who `stand to gain by diminishing native rights put some hope in the term "a'ctu~il." But the basic right of aboriginal rights in Alaska is not the Act of 1884, Ibut basic American law `which we have discussed at some length in the accoi~panying papers. N0MT, in comparing native possemion with white possession, the two thoughts are ~f `a different world. White people canndt ripen their possession into any- thing ; when they squat on land, they are always sqnatter~. The native, however, is m~t a squatter ; he is an owner and has been protected by private interna- tion4l law. by all of the European countries, as well as the United States. I, therefore, cannot compare the same. Qi)~estion 9. Do you think the changing mode of native life from a hunting and trappinf/ economy (e)ffects (sic) the premise that natives need large sections of lc~nd to maintain this type of economy? A~iswer. Your question has two aspects : what he owns and what is good for hin(. As an advisor to the Eskimo and Athabascan, I am only secondarily inter- est~d in their social progress. It is our duty to protect their legal rights. Whether it i~ good for them or not to have a lesser quantity of land is not our primary conjeern. We do say that just because the white man thinks it socially `better for the! Indian to have a lesser quantity of land, that so far as we are concerned, su~~h is not a justifiable reason for taking away from the native his ownership rights. 1~our question reminds me of the reservation problem in continental United St~t'tes. There are many profound thinkers who believe that the reservation sys- tei~ is wrong. They may be right. It may well be that the reservation system has injured the American Indian. But is that a sufficient reason for the reservation Injdian to be summarily dispossessed of his reservation? Why is it not better to follow the usual capitalistic system that we have in the United States of p ying the Indian for the change. We are in danger of forgetting the strong p blic desire to improve the public condition is not enough to warrant achieving t e desire by a shorter cut than the constitutional way of paying for the change. When we realize that the native in this day and age is becoming a little bit S phisticated and able to manage hi's own money, and when we begin to realize t at the natives' having money is good for Alaska, then perhaps we will forget a out the idea of merely dispossessing the native. Question 10. Do you see a problem in differentiating between the land rights f native citizens and the land rights of white citizens? ~ Answer. Probably, this question has been answered by much of the foregoing. Question ii. Do you think that natives have a right to the mineral and forest 4~esources of the land they claim on the basis of having used that land only for ~iunting and trapping? Why ~ Answer. You oversimplify the native economy. The natives, whether the Tlingit and Haida or Aleut or Eskimo or Athabascan, utilized all the resources of his country, except perhaps some of the minerals. But certainly as to forests, all of the native economies directly used the forests. Therefore, the forests arc but an incident to aboriginal rights, which all of us who have studied the prob- lem traditionally understand. As to subsurface rights, Alcea Band of Tillamook Indians prevailed against the United States in their claims case in seeking damages against the United States for, among other things, subsurface rights. Thus, minerals are included within aboriginal rights. Logically speaking, this makes sense, because aboriginal rights comprehends dominion over an area. Whatever is there is owned by that respective native group. Question 12. Are you wrorking on legislation to be introduced to Congress con- cerning native land claims ? If so can we obtain a copy of this legislation? Answer. I attended the native conference of chiefs in October, 1966, in Anchorage. It was my idea that the Court of Claims be entrusted with the determination of the area of present Indian ownership of lands by having the Court define the area. I endorsed that legislation and still do. / PAGENO="0215" 211 affa: ed i ierent ~ ~ that the I his ow: ~ ~ ~cated. As ~ are a ~ ocf s ~,rnment. ~ ~ ~ .. ~- ~ ~r the native of is ~ ~ Alaska is L comprehended, L~ ~ ~ true lover of Alas endorse the proposal of ~. state-wide conference of native chiefs. One of the problems of drafting legislation is that usually in aborigina cases, the Indians are suing the United States for a taking, an expro~ That is why the Tlingit and Haida case is so important in the ~ ~ because were it not for the Tongass National Forest Proclamation, I iere w never have been a taking. Thus, in framing legislation, either the Congress Congress is the sole authority for this purpose) must, by legislation, c~ natives of their land rights, in which event the natives would be releg ~ - action for money against the United States ; or alternatively, the present tion will continue where the action would be for a judgment definin *~ held by the natives and an action for money for the miscellaneous of patents scattered throughout the State. Hence, our recommend~ ~ ~ second alternative. Under your snggestion for any mater~ I may have, or ideas on emphasis and treatment, may I add these following comments : A. The Tlingit and Haida case holds that aboriginal rights in Alaska survived the treaty with Russia and all general public laws relating to 1-and. B. Were it not for the Tongass National Forest Proclamation, the Southeastern Indians would still own Southeastern Alaska, disregarding actual patents issued by the United States, which certainly must be regarded as "a taking," by the United States. C. Using the criterion of the Tlingit and Haida case, the balance of the interior of Alaska is still owned by the respective aboriginal groups there, again disre- garding actual patents issued by the United States. D. This is not a catastrophic idea because the native groups are b~ more and more sophisticated and can well manage their own affairs to the of Alaska and to themselves. EL The State of Alaska is making a tragic mistake in merely ~ rights ; no doubt the State is motivated by its desire for self-aggn the state selection rights of one hundred odd million acres. F. The State of Alaska has an obligation to protect all of its citizens, inc the natives, and is thus morally bound not to merely deprive the native ancestral homes. G. But the State of Alaska is distrusted by the native groups because of thought generated by the State officials that the native claims are baseless perhaps even fraudulent. II. Notwithstanding the foregoing, the native groups are still willing to out an interim method of covenants not to use ; and I. The native groups desire that their areas be defined and that a responsJ mechanism be devised for the determination of `such areas ; -and J. If there be a mechanism entrusted with the definition of the natives' `~ the natives will react responsibly in such an effort, IC. Because the natives realize that the United States, as such, may deprive them of their rights altogether. Yours very truly, a FREDERICK PAUL. PAGENO="0216" s