The Alaskan Congressional delegation has brought back legislation to make the five “landless” groups of Southeast landless for good. They have argued for a long time that not being included in the Alaska Native Claims Settlement Act is a travesty, however the inclusion of these communities has been elusive.
It’s been nearly half 100 years since Congress approved ANCSA. It placed hundreds of thousands of acres under the hands of over 200 newly created Regional and local Alaska Native corporations, while abolishing the aboriginal land title throughout the state. However, the five Southeast Alaska Native communities were excluded from the agreement.
“We were actually involved right from the beginning, all the way back to the first phase of land claims” claims Tashee Richard Rinehart. He is Lingit Kiks.adi, a member of the Lingit Kiks.adi from Wrangell which is one of five communities not included in ANCSA.
“To be excluded was a surprise for our family,” Rinehart says.
In Alaska, the Congressional delegation is working to change the status quo by making submissions and re-submitting of bills over the last two decades. The bills aim to amend the legislation from 1971 in order to incorporate Wrangell, Petersburg, Ketchikan, Haines and Tenakee Springs.
“We believe this is a way of correcting an oversight made by Congress that led to the not delivering on the promises made to communities that are landless in the Southeast,” says Sam Erickson who is press secretary for Rep. Mary Peltola (D-AK) who is Alaska’s only representative in Congress. “It’s been a goal of members of the Congressional delegation for a long time and we’re carrying on the work from Don Young and others who’re fighting to end this injustice.”
“ANCSA was created to solve Alaska Native land claims by transfer of land that could be utilized for social, economic and cultural wellbeing,” Erickson says. “Because they’re not included from the process, these communities (Wrangell, Petersburg, Ketchikan, Haines and Tenakee) did not have the same opportunities for cultural preservation and economic development like the other communities.”
Erickson says: “We think that this is an issue of fairness as well as the federal government delivering on its promises to Alaskans. Giving these lands to communities is a crucial step in giving these communities the tools to succeed.”
It’s been a subject of lengthy debate the reasonthe five groups of communities are not included from the law that was passed in 1971. A study by the The University of Alaska’s Institute of Social and Economic Research in the mid-1990s did not provide a clear explanation for the reasons why these communities were not included beyond Congressional intention.
In the time of a Congressional hearing in 2015 one of the lawmakers who died in 2015, Rep. Don Young speculated that it was due to the flourishing logging industry within as well as around five towns at the time of legislation’s adoption in the 1970s early. In the early 1970s, Young said timber groups were adamant about the inclusion of communities worried that it would affect the future claims of logging.
“It has such a profound impact on the five communities not included,” says Aaltseen Esther Reese The tribal administrator of Wrangell Cooperative Association. Wrangell Cooperative Association, Wrangell’s federally recognized tribal government. “This has been our property from the beginning of time. It’s about acknowledging this and giving our tribal members a portion of our land back which we managed for tens of many thousands of years. In a philosophical sense I think it’s extremely significant.”
In addition, Wrangell’s exclusion from ANCSA hinder it from acquiring the township land of approximately 23,000 acres scattered across the area of the community, it also means that community members are prohibited from forming a local company even though a large portion of the community are shareholders of local Native company, Sealaska.
Alaska Native corporations are a significant portion of Alaska’s economy, and the most significant private sector company in Alaska.
“What could it accomplish [for WrangellWhat could it do for Wrangell?” asks Rinehart. “I believe the sky is unlimited.”
Rinehart says it’s unlikely that to see a Wrangell Native corporation would go to the same logging routes as the majority of the original ANCSA corporations. The village corporation is currently looking into carbon credits and contracting work, and other business ventures.
“It’s been for a lengthy time, and it’s past due,” Rinehart says. “It’s more than 50 years over due. It’s a matter of justice this point. It’s the best thing to do in order to rectify a mistake from the past.”
He continues: “I believe that each and every community will be benefited. When I declare that, I’m not referring to only those in the Native community. Of of course it is true that there is a chance that not only the Native community would benefit, but everyone in Wrangell will benefit as would Ketchikan, Petersburg, Haines and Tenakee. Everyone would benefit, non-Natives, as well as Native owners.”
The individuals who are shareholders in the Wrangell Native corporation won’t be the same as those with WCA tribal citizens in town. Reese clarifies that it is an independent entity, with the board of directors, and management “So it’s not tied to the tribe insofar as membership rolls are concerned,” she says, “But WCA is very supportive of any efforts to give Wrangell as well as all the four other communities,, their land.”
Reese is in agreement with Rinehart that a local company could be an enormous positive for the local community.
“You’re discussing economic growth, opportunities for employment in the community, and being capable of bringing some of our residents home to help in important positions within the corporation, regardless of what the board decides to do,” she says.
If the ANCSA amendment to include communities was passed by Congress the shareholder registration of the 5 communities would be similar to the initial enrollment under ANCSA. The amendment would allow shareholders and the descendants of Sealaska, the region-wide Native Corporation Sealaska to be granted an equal number of shares in the newly created community-based corporation.
The five communities have joined forces to promote for “Alaska Natives Without Land”,” which is a campaign supported by Sealaska as well as”Southeast Alaska Landless Corporation, “Southeast Alaska Landless Corporation” an organization that is also that focuses on creating five community groups.
The long-running effort to incorporate the five communities that are part of ANCSA has been met with resistance. In the past year, the borough of Petersburg’s government only voted to approve the letter to Congress in opposition to a prior draft of the legislation following many years of town-wide discussion.
Certain people are concerned about certain areas that are listed in the maps forparcels that will be handed over to landless communities. A handful of proposed parcels of land have been subject to criticism for being outside of regions where the landless tribes have historical ties directly.
Landless legislation has also previously, faced opposition from certain environmental groups because of the potential expansion of the site. Others are worried about the possibility of limiting access to the public.
Senator Lisa Murkowski (R-AK) acknowledged the challenges in establishing land plots and trying to negotiate access and use conflict in an interview to KSTK in the fall of last year (September 11 2022).).
“It’s difficult,” Murkowski said, “Because every acre of Tongass is already loved or committed in the same way.”
However, she stated that she is still convinced Congress should fulfill the obligations of ANCSA. She re-introduced legislation in the Senate in June. It included the five communities that are landless.
“What are we trying to achieve is to address an old inequity” Murkowski said, “And accomplish this in a way that encourages more consensus than conflict.”
Reese Wrangell’s tribal administrator Reese, the tribal administrator for Wrangell, says the long-running campaign to include Wrangell and other landless communities shows the importance of this campaign.
“I consider it to be a reflection of how committed our people are to be given this recognition, and also the ability to get the land and have the opportunity to claim the rights that come with it,” Reese says. “My my hat goes to all those who continue to do their best, as this has been happening, […] for quite many years. This is a salute to Richard Rinehart, of all of those who are at work on this issue, since it’s difficult to carry on.”
The Alaskan delegation has introduced numerous other bills to amend ANCSA in this regard as well In all it has changed the law nearly 100 times.
