Sovereigns of No Territory: Alaska Natives, Ancsa, and Tribal Self-Determination

Abstract

This Note examines Alaska Native systems of private land ownership as imposed through the Alaska Native Claims Settlement Act (ANCSA) and evaluates existing and potential alternatives in the interest of self-determination, sovereignty, and land ownership. ANCSA was passed in 1971 to resolve conflicts over the land in Alaska, and it established a system of tribal corporations which is distinct from the federally recognized tribes in the contiguous United States. With few exceptions, Alaska Native tribes do not hold their lands in trust and tribal land in Alaska is not considered “Indian Country.” This distinction from the tribes in the contiguous United States carries administrative, jurisdictional, and environmental consequences. Alaska Native tribal governments are without territorial reach and are severely limited in their authority. Alaska Native villages face additional challenges with regards to subsistence living and environmental considerations due to the extinguishment of native claims through ANCSA. This Note explores aspects of self-determination both retained by and denied to Alaska Native tribes and analyzes the conflicted legacy of ANCSA 50 years after its enactment.