Alaska Native Claims Settlement Act (1971): extinguishment of aboriginal title by statute

What happened

Alaska passed from Russia to the United States by the 1867 Treaty of Cession. The Congressional Research Service says Article III admitted "inhabitants of the ceded territory" as citizens and maintained their "free enjoyment of their liberty, property, and religion," but that the treaty did not otherwise discuss aboriginal property holdings. In Tee-Hit-Ton Indians v. United States, decided February 7, 1955, the Supreme Court held that "the taking by the United States of unrecognized Indian title is not compensable under the Fifth Amendment."

In 1971 Congress passed the Alaska Native Claims Settlement Act (ANCSA). Congress said the settlement should be "in conformity with the real economic and social needs of Natives" and happen "without litigation." The law extinguished "all aboriginal titles, if any, and claims of aboriginal title in Alaska based on use and occupancy," including "any aboriginal hunting or fishing rights that may exist." It was a statute passed by Congress, not a treaty.

The CRS report says ANCSA "extinguished claims by Alaska Natives to over 360 million acres of land." In return, regional and village corporations shared "a settlement payment of approximately $962.5 million" and "approximately 45 million acres." The Court's 1955 holding means no court treated the earlier taking of Native title as compensable, and the 1971 law is Congress's own settlement of those claims.

Good to know. ANCSA was a law passed by Congress, not a treaty, and gave land to Native corporations rather than tribes. Alaska Native views of the deal vary.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error