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33 Alaska L. Rev. 187 (2016)
Sovereignty and Subsistence: Native Self-Government and Rights to Hunt, Fish, and Gather after ANCSA

handle is hein.journals/allr33 and id is 191 raw text is: 





                   ROBERT T. ANDERSON*


   The Alaska Native Claims Settlement Act (ANCSA) was passed in 1971 to
   extinguish aboriginal rights of Alaska Natives and provide compensation for
   those rights extinguished. Instead of vesting assets (land and money) in tribal
   governments, Congress required the formation of Alaska Native corporations
   to receive and hold these assets. A major flaw in the settlement was the failure
   to provide statutory protections for the aboriginal hunting, fishing, and
   gathering rights extinguished by ANCSA. Moreover, while ANCSA did not
   directly address Alaska Native tribal status or jurisdiction, the Supreme Court
   interpreted the Act to terminate the Indian country status of ANCSA land.
   Subsequently, Title VIII of the Alaska National Interest Lands Conservation
   Act (ANILCA) was adopted in 1980 to provide a subsistence priority for rural
   Alaska residents, but the approach contemplated in Title VIII failed due to the
   State of Alaska's unwillingness to participate. On the self-government front,
   state and federal courts have joined the federal Executive Branch and Congress
   in recognizing that Alaska Native tribes have the same legal status as other
   federally recognized tribes in the lower forty-eight states. The Obama
   Administration recently changed its regulations to allow land to be taken in
   trust for Alaska Native tribes, and thus be considered Indian country subject
   to tribal jurisdiction, and generally precluding most state authority. This
   article explains these developments and offers suggestions for a legal and policy
   path forward.

Copyright ©0 2016 by Robert Anderson.
    * Professor of Law and Director, Native American Law Center, University
of Washington School of Law; Oneida Indian Nation Visiting Professor of Law,
Harvard Law School (2009-2020).

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