Living Law,
Living LandSupport land rights

Statute

Alaska National Interest Lands Conservation Act (ANILCA)

ANILCA in 1980 added over 100 million acres of Alaska conservation land and set a rural, not Native-specific, subsistence priority on federal lands.

Citation
Pub. L. 96-487 (Dec. 2, 1980), 94 Stat. 2371; 16 U.S.C. 3101 et seq.
Year
1980
Effect on land rights
mixed

What happened

The Alaska National Interest Lands Conservation Act (ANILCA), Public Law 96-487, was signed December 2, 1980. It is a large lands law. The Department of the Interior says it "established more than 100 million additional acres of Federal land in Alaska," raising federal conservation holdings there to more than 131 million acres.

For Alaska Natives, the key section is Title VIII. Congress found that "the continuation of the opportunity for subsistence uses by rural residents of Alaska, including both Natives and non-Natives" on public lands and "by Alaska Natives on Native lands is essential to Native physical, economic, traditional, and cultural existence." It said it needed to act "in order to fulfill the policies and purposes of the Alaska Native Claims Settlement Act and as a matter of equity."

Section 804 (16 U.S.C. 3114) gives the taking of fish and wildlife for "nonwasteful subsistence uses" priority over other uses on public lands. When limits are needed, the criteria are customary and direct dependence, local residency and the availability of alternative resources. The priority rests on rural residency, not Native status.

Interior says Alaska ran the program until 1989, when the Alaska Supreme Court held in McDowell v. State of Alaska that a priority based on rural residency violated the state constitution, and that the federal government has managed subsistence on federal public lands and waters since 1990.

Good to know. Sources give slightly different totals for the added conservation acreage.

Summarized with AI assistance from 5 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. established more than 100 million additional acres of Federal land in AlaskaSubsistence Activities, U.S. Department of the Interior
  2. the continuation of the opportunity for subsistence uses by rural residents of Alaska, including both Natives and non-Natives16 U.S. Code sec. 3111 (ANILCA Title VIII findings), Cornell LII
  3. in order to fulfill the policies and purposes of the Alaska Native Claims Settlement Act16 U.S. Code sec. 3111 (ANILCA Title VIII findings), Cornell LII
  4. the taking on public lands of fish and wildlife for nonwasteful subsistence uses shall be accorded priority16 U.S. Code sec. 3114 (preference for subsistence uses), Cornell LII
  5. the Federal government has engaged in subsistence management within Alaska’s Federal public lands and waters since 1990Subsistence Activities, U.S. Department of the Interior

Research notes. The old record's 'over 100 million acres' was marked from-memory; the Interior Department page supports 'more than 100 million additional acres.' Other sources give slightly different totals. The Katie John fishing cases and current disputes were not sourced here beyond Interior's page. Alaska Native views on the rural priority were not reviewed.

Who is doing the work

Native legal and land defense, nationally

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Connections

Links marked “suggested” were matched automatically by name or date and have not yet been reviewed by a person.

Doctrine applied 3

Policy era 1

Sources

  1. en.wikipedia.org/wiki/Alaska_National_Interest_Lands_Conservation_Actpointer
Kind
Statute
Confidence
High

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