Alaska Natives Without Land FAQ

+ How much land will be granted to these communities?

Each of the five communities would receive one township (23,040 acres) of land, which is the same amount as the original urban and village corporations in Southeast Alaska received under ANCSA. This is only a small fraction of the traditional lands of these communities.

+ How far away from the communities can these land claims be?

Congress can convey any federal land. However, we wish to keep these selections in the Tongass to try and preserve our connection to lands near our communities.

+ Are all five communities selecting lands in the same area?

No. For the most part, each community is attempting to select land as close to their traditional homelands as possible, but as we’ve said before, there isn’t much land left to select adjacent to the five communities because so much of that land has been conveyed to other entities since 1971 (e.g., the State and municipalities) or set aside in conservation status through the years. For Ketchikan and Haines, in particular, there are significantly fewer options within the areas of their traditional homelands, so their selections are generally further away than we would have chosen in 1971.

+ What will happen to the infrastructure that is already built on the land proposed for conveyance?

The public invested in U.S. Forest Service cabins, roads and log transfer facilities that would be on these new lands — how are these handled in the legislation? See following question.

+ The public invested in U.S. Forest Service cabins, roads and log transfer facilities that would be on these new lands — how are these handled in the legislation?

In this legislation, as in ANCSA, any public infrastructure (including any LTF) on land to be conveyed will also be conveyed with the land to the urban corporations. However, the legislation establishes that conveyances of land to the new urban corporations “shall be” subject to the reservation of public easements under Section 17(b) of ANCSA. Under Section 17(b) of ANCSA, BLM is required to “identify public easements across lands selected” by Alaska Native Corporations, including on roads and trails which are reasonably necessary to guarantee “a full right of public use and access for recreation [including camping], hunting, transportation, utilities, docks, and such other public uses ...” 43 U.S.C. 1616(b)(1). Additionally, the conveyances will be “subject to … all valid existing rights, including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed,” and the legislation directs the urban corporation and U.S. Forest Service to develop a binding agreement that will address the use of the roads and related transportation facilities by the Forest Service and designees of the Forest Service.

+ I have a guiding permit with the U.S. Forest Service for lands identified in the legislation. Will my access be terminated once the legislation passes?

The Forest Service does not guarantee that guides can be issued special use permits in perpetuity, and neither does the landless legislation require that of the urban corporations. The legislation directs the urban corporations to continue all special use permits for the current term of the permit and to issue an additional special use permit for an additional 10-year term. The legislation makes clear, however, that the urban corporations can continue to issue special use permits after the additional 10-year term. Beyond that, it is at the discretion of the new corporation, and they will be open to those discussions on ongoing relationships.

+ I like to berry pick and subsist for sockeye on some of the lands in the legislation. When this legislation becomes law and the lands are conveyed to the new corporations will I be prevented from harvesting on these lands?

No. The legislation establishes in perpetuity that the land shall “remain open and available to subsistence uses, noncommercial recreational hunting and fishing, and other noncommercial recreational uses by the public.”

+ What about recreating on these sites? Will I be met with no trespassing signs where I have enjoyed recreation for years?

No. Please see above!

+ I was hoping to start a new business harvesting berries on lands that could be affected by this new legislation. May I still pursue commercial or other entrepreneurial endeavors on these lands as a private citizen?

Each urban corporation will have the right to authorize commercial activities on its land according to its own terms.

+ I keep hearing the legislation protects my access to these lands except for “under certain circumstances.” That language sounds vague and open for interpretation. How and who will determine when access is prevented?

The new urban corporations will need to have some ability to manage activities on their lands—that’s true for any landowner. The legislation guarantees that “access to the land through roadways, trails, and forest roads, shall remain open and available to subsistence uses, noncommercial recreational hunting and fishing, and other noncommercial recreational uses by the public” subject to any reasonable restrictions to 1) to ensure public safety; 2) to minimize conflicts between recreational and commercial uses; 3) to protect cultural resources; 4) to conduct scientific research; or 5) to provide environmental protection.

+ So overall, I will still be able to enjoy the land and its resources under Native ownership?

Short answer — Yes. The public is guaranteed access to these lands through new language within the legislation, except for very limited purposes! Even though these new urban corporations will be private entities, they have been more than willing to commit to maintaining public access on the proposed land selections and have asked the Alaska congressional delegation to include language in the proposed legislation that protects public access for noncommercial subsistence, recreation and more. The landless communities have also made concessions to remove any selections that included public-use cabins, exemplifying a willingness to compromise and communicate with neighbors and fellow Alaskans. All landowners (public or private) need some ability to protect the land and the people who use it; the urban corporations would be able to restrict access for the limited purposes of ensuring public safety, minimizing conflicts between recreational and commercial uses, protecting cultural resources, conducting scientific research, or providing environmental protection.

+ Some Alaska Native corporations have clear-cut timber on their lands in the past ― will the same happen to these new corporate lands?

Timber is no longer the booming industry that it once was in the 1970s and 1980s. While it is true that the landless urban corporations will have a right to develop resources on their lands, anyone who understands the regional economy and the landless communities today understands there are other innovative ways to utilize the land for the benefit of our owners and communities. As Native people, we want to protect and preserve our subsistence, traditional gathering for art and medicine, and overall way of life — we have a responsibility to the current and future generations of Alaska Natives who will steward and benefit from these lands in perpetuity. Land is precious to Alaska Natives and our management of that land will be governed by our Native values.

+ With the passage and implementation of landless legislation, will Sealaska own the subsurface rights to the newly allotted land?

Yes. Under the terms of ANCSA, Alaska Native regional corporations receive the subsurface estate under the surface estate conveyed to a village or urban corporations, subject to valid existing rights. This legislation applies all of the usual rules and legal requirements of ANCSA to the five new urban corporations. Sealaska owns the subsurface estate of the village and urban corporations in Southeast that formed as a result of ANCSA and will similarly take title to the subsurface state under lands conveyed to the new urban corporations.

+ Did Sealaska select the lands for the five communities since they will be the subsurface owner?

No. Sealaska’s role in the landless initiative has been one of support and advocacy, for which we are incredibly grateful. The land selection process was carried out by each landless community and corresponding leadership.

+ I’m a landless shareholder. How much land will I receive?

No individual will receive land. As it was with the urban and village corporations in Southeast Alaska under ANCSA, each urban corporation on behalf of its respective landless community will receive one township of land (23,040 acres).

+ What will these urban corporations do with the land once legislation is passed?

The leadership elected to serve each urban corporation will manage the land for the benefit of their communities and people! This could include investments in local foods, cultural activities, fisheries, transportation, tourism, selective timber harvesting, or selective conservation to support carbon credit income; ultimately it is up to the leaders of each corporation to determine what business ventures they would like to invest in.

+ Why wouldn’t the five landless communities just receive lands from the regional corporation Sealaska’s land holdings?

ANCSA established Alaska Native regional corporations to serve the entire region and established village and urban corporations to serve individual communities. In Southeast Alaska, the regional corporation (Sealaska) received a tiny fraction of the land that would have been owed to it in any other region; Congress pointed to the $7.5 million Tlingit and Haida settlement as the reason for that disparate treatment, but it is worth noting that the Tlingit and Haida people represented 22 percent of the population in 1971 and yet received only about 1½ percent of the land conveyed under ANCSA Asking Sealaska to reconvey that land to the five landless communities would only serve to perpetuate an unreasonable and unjust omission by Congress.

+ How did the landless select the lands that are in the legislation?

The process of land nominations has been an extensive one. The current land nominations represent decades of work by each landless community and have evolved over time as potential selection areas grow more limited with changing ownership and conservation designations changing the landscape. We have also worked with federal and state entities to determine which parcels have few or mitigatable ownership and use conflicts. While there is no perfect selection, we are doing the best we can, given the lack of available area in the region.

+ Who selected the lands?

Each landless community selected their own lands.

+ Why are some of the land selections so far from the community? I thought the original village and urban corporations had to choose land in proximity to their community?

Most of the original Southeast Alaska village and urban corporations had to choose land close to their community. However, that was not the case for a few of the communities for which nearby lands were unavailable. In the decades after ANCSA passed, the State and municipalities have selected lands in and around each of the landless communities and Congress has set aside millions of acres of the Tongass in various conservation units. Unfortunately, when the landless communities were excluded from ANCSA in 1971, they were not included in land ownership discussions surrounding their communities. Now that we may finally have a chance to choose lands, the land that was once available, isn't anymore. This has forced the landless communities to choose land farther away from their traditional village sites.

+ What is carbon sequestration?

Carbon sequestration deals with land that has the ability to be logged, but instead it is set aside as a carbon bank that will not be commercially logged for 100 years. These lands accumulate carbon credits that can be sold to companies looking to offset their own carbon emissions. While the land cannot be commercially logged, it is available for use for tourism and subsistence harvesting, hunting and fishing. To learn more about what other corporations are doing with carbon sequestration, click here.