Under ANCSA the state was originally divided into twelve regions, each represented by a "Native association" responsible for the enrollment of past and present residents of the region. Individual Alaska Natives enrolled in these associations, and their village level equivalents, were made shareholder in the Regional and Village Corporations created by the Act. The twelve for-profit regional corporations, and a thirteenth region representing those Alaska Natives who were no longer residents of Alaska in 1971, were awarded the monetary and property compensation created by ANCSA. Village corporations and their shareholders received compensation through the regional corporations. The fact that many ostensibly Alaska Native villages throughout the state were not empowered by the ANCSA to form village corporations later led to a number of lawsuits.
The regional and village corporations are now owned by Alaska Native people through privately owned shares of corporation stock. Alaska Natives alive at ANCSA's enactment on December 17, 1971, who enrolled in a Native association (at the regional and/or village level) received 100 shares of stock in the respective corporation. In 2006, the 109th Congress passed S.449 which amended ANCSA, and allowed for shares to be more easily issued to those who had missed the enrollment, or were born after the enrollment period[3] by reducing the requirement for voting from a majority of shareholders to a majority of attending shareholders at corporation meetings.[4]
During the 1970s, ANCSA regional and village corporations selected land in and around native villages in the state in proportion to their enrolled populations. Village corporations own the surface rights to the lands they selected, but regional corporations own the subsurface rights of both their own selections and of those of the village corporations.
The Act lays out the specifics of the corporations' status. Here is an excerpt of the relevant portion:[5]
43 U.S.C. § 1606
(a) Division of Alaska into twelve geographic regions; common heritage and common interest of region; area of region commensurate with operations of Native association; boundary disputes, arbitration. For purposes of this chapter, the State of Alaska shall be divided by the Secretary within one year after December 18, 1971, into twelve geographic regions, with each region composed as far as practicable of Natives having a common heritage and sharing common interests. In the absence of good cause shown to the contrary, such regions shall approximate the areas covered by the operations of the following existing Native associations:
(3) Northwest Alaska Native Association (Kotzebue);
(4) Association of Village Council Presidents (southwest coast, all villages in the Bethel area, including all villages on the Lower Yukon River and the Lower Kuskokwim River);
(c) Establishment of thirteenth region for nonresident Natives; majority vote; Regional Corporation for thirteenth region. [...]
(d) Incorporation; business for profit; eligibility for benefits; provisions in articles for carrying out chapter. Five incorporators within each region, named by the Native association in the region, shall incorporate under the laws of Alaska a Regional Corporation to conduct business for profit, which shall be eligible for the benefits of this chapter so long as it is organized and functions in accordance with this chapter. The articles of incorporation shall include provisions necessary to carry out the terms of this chapter.
Regional corporations established by the Alaska Native Claims Settlement Act.
The thirteen regional corporations created under ANCSA are:
There are over 200 village corporations, corresponding to the list of villages published in the text of ANCSA. Most corporations serve a single village, although some smaller villages have consolidated their corporations over the years.
The Afognak Native Corporation was organized in 1977 through the merger of two ANCSA village corporations: Port Lions Native Corporation and Natives of Afognak, Inc. It is governed by a nine-member board of directors.[7] Afognak Native Corporation has many business interests. For 18 years it participated in and profited from timber development ventures on Afogank Island. It operates a number of successful subsidiaries including leasing, bioenergy operations and oil field services.[7] In the late 1990s, the Afognak Native Corporation launched a government contracting business.[7] The Afognak Native Corporation is a wealthy corporation and was listed in the Top 100 Contractors of the Federal Government in 2010. Coming in at No. 79, The Afognak Native Corporation's contracts were $749,557,576.49.[8] Afognak Native Corporation entities also received NASA Small Business Contractor of the Year Award in 2013. [9] The Corporation's profile is listed as "Construction and Engineering" services.[10] The Afognak Native Corporation has approximately 900 shareholders and pays over $12 million in dividends annually. The Afognak Native Corporation controls over 160,000 acres of land in the Kodiak Archipelago and the lands form the core of financial success of the corporation.[11]
In the wake of the COVID-19 pandemic, the CARES Act set aside about $8 billion in funds for federally-recognized "tribal governments". The U.S. Treasury Department earmarked about $500 million of those funds for ANCs. While the federal government had generally recognized that ANCs fell under "tribal governments" since the passage of the ISDA, three Native Indian tribes from the lower 48 states sued the Treasury, asserting that the ANCs were not federally-recognized "tribal governments" under a statutory interpretation of the law. That led to the United States Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, which was decided in June 2021 that under ISDA, the ANCs were federally-recognized "tribal governments" and thus qualified for CARES funds.[13]
↑ The Alaska Peninsula Corporation is a consolidation of these former village corporations: Meshik Incorporated, Quinuyang Limited, Kokhanok Native Corporation, Ugashik Native Corporation and Newhalen Native Corporation)
The Alaska Native Claims Settlement Act (ANCSA) was signed into law by President Richard Nixon on December 18, 1971, constituting what is still the largest land claims settlement in United States history. ANCSA was intended to resolve long-standing issues surrounding aboriginal land claims in Alaska, as well as to stimulate economic development throughout Alaska.
The Native Village of Afognak is a federally recognized Alutiiq Alaska Native tribal entity, originally native to the island of Afognak.
Ahtna, Incorporated is one of thirteen Alaska Native Regional Corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of aboriginal land claims. Ahtna, Incorporated was incorporated in Alaska on June 23, 1972. Headquartered in Glennallen, Alaska, Ahtna is a for-profit corporation with more than 2,000 Alaska Native shareholders primarily of Ahtna Athabascan descent.
Calista Corporation is one of thirteen Alaska Native Regional Corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of aboriginal land claims. Calista was incorporated in Alaska on June 12, 1972. Although the Calista region is in western Alaska, Calista Corporation is headquartered in Anchorage, Alaska. Calista is a for-profit corporation with over 38,100 Alaska Native shareholders primarily of Yup'ik descent.
NANA Regional Corporation, Inc. (NANA) is one of thirteen Alaska Native Regional Corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of Alaska Native land claims. NANA was incorporated in Alaska on June 7, 1972. NANA is a for-profit corporation with a land base in the Kotzebue area in northwest Alaska. Its corporate office is in Kotzebue, Alaska. NANA's Alaska Native shareholders are of Inupiat descent.
Southwest Alaska is a region of the U.S. state of Alaska. The area is not exactly defined by any governmental administrative region(s); nor does it always have a clear geographic boundary.
The Aleut Corporation, or TAC, is one of thirteen Alaska Native Regional Corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of aboriginal land claims. The Aleut Corporation was incorporated in Alaska on June 21, 1972. Headquartered in Anchorage, Alaska, The Aleut Corporation is a for-profit corporation with approximately 3,410 Alaska Native shareholders, primarily of Aleut descent originating in the Alaska Peninsula, Aleutian Islands, Pribilof Islands, and Shumagin Islands of Alaska.
Bering Straits Native Corporation (BSNC) was formed in 1972 as the Alaska Native Claims Settlement Act (ANCSA) regional corporation for the Bering Straits and Norton Sound region. The corporation actively pursues responsible development of resources and other business opportunities. Through its subsidiaries, BSNC serves the federal government and commercial customers.
Bristol Bay Native Corporation, or BBNC, is one of thirteen Alaska Native Regional Corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of aboriginal land claims. Bristol Bay Native Corporation was incorporated in Alaska on June 13, 1972. Headquartered in Anchorage, Alaska, Bristol Bay Native Corporation is a for-profit corporation with approximately 9,900 Alaska Native shareholders primarily of Eskimo, Aleut, and Denaʼina descent. BBNC states its mission as “Enriching Our Native Way Of Life" as a corporation "that protects the past, present and future of the Natives from Bristol Bay.” The region includes 25 village corporations, 31 communities, and 31 federally recognized tribes.
Chugach Alaska Corporation, or CAC, is one of thirteen Alaska Native Regional Corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of aboriginal land claims. Chugach Alaska Corporation was incorporated in Alaska on June 23, 1972. Headquartered in Anchorage, Alaska, Chugach Alaska Corporation is a for-profit corporation with over 2,200 Alaska Native shareholders primarily of Chugach Alutiiq, Eyak, and Tlingit descent.
Cook Inlet Region, Inc. (CIRI) is one of thirteen Alaska Native regional corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of aboriginal land claims. Cook Inlet Region, Inc. was incorporated in Alaska on June 8, 1972. Headquartered in Anchorage, Alaska, CIRI is a for-profit corporation, and is owned by more than 7,300 Alaska Native shareholders of Athabascan and Southeast Indian, Inupiat, Yup’ik, Alutiiq and Aleut descent.
Doyon, Limited, is one of thirteen Alaska Native Regional Corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of aboriginal land claims. Doyon was incorporated in Alaska on June 26, 1972. Headquartered in Fairbanks, Alaska, Doyon is a for-profit corporation with about 18,000 Alaska Native shareholders primarily of Alaskan Athabaskan descent.
Koniag is one of twelve Alaska Native regional Corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of aboriginal land claims. Koniag was incorporated in Alaska on June 23, 1972. Headquartered in Kodiak, Alaska, with additional offices in Anchorage, Koniag is a for-profit corporation with about 4,300 Alaska Native shareholders primarily of Alutiiq descent.
Ukpeaġvik Iñupiat Corporation, or UIC, is one of about 200 Alaska Native village corporations created under the Alaska Native Claims Settlement Act of 1971 (ANCSA) in settlement of aboriginal land claims. Ukpeaġvik Iñupiat Corporation was incorporated in Alaska on April 19, 1973. Located in Utqiaġvik, Alaska, Ukpeaġvik Iñupiat Corporation is a for-profit corporation whose Alaska Native shareholders are primarily of Iñupiat Eskimo descent.
The Yupiit Piciryarait Cultural Center (YPCC), also known as Yupiit Piciryarait Cultural Center and Museum, formerly known as the Yup'ik Museum, Library, and Multipurpose Cultural Center, is a non-profit cultural center of the Yup'ik culture centrally located in Bethel, Alaska near the University of Alaska Fairbanks' Kuskokwim Campus and city offices. The center is a unique facility that combines a museum, a library, and multi-purpose cultural activity center including performing arts space, for cultural gatherings, feasts, celebrations, meetings and classes. and that celebrates the Yup'ik culture and serves as a regional cultural center for Southwest Alaska. The name of Yupiit Piciryarait means "Yup'iks' customs" in Yup'ik language and derived from piciryaraq meaning "manner; custom; habit; tradition; way of life" Construction of this cultural facility was completed in 1995, funded through a State appropriation of federal funds. Total cost for construction was $6.15 million. The center was jointly sponsored by the Association of Village Council Presidents (AVCP) and the University of Alaska Fairbanks (UAF) and at the present the center operated by the UAF's Kuskokwim Campus, AVCP and City of Bethel. The building houses three community resources: the Consortium Library, the Yup'ik Museum, and the Multi-purpose room or auditorium. The mission of the center is promote, preserve and develop the traditions of the Yup'ik through traditional and non-traditional art forms of the Alaska Native art, including arts and crafts, performance arts, education, and Yup'ik language. The center also supports local artists and entrepreneurs.
Yellen v. Confederated Tribes of the Chehalis Reservation, 594 U.S. ___ (2021), was a United States Supreme Court case dealing with the classification of Alaska Native corporations (ANCs) for purposes of receiving funds set-aside for tribal governments under the CARES Act. In a 6–3 decision issued in June 2021, the Court ruled that ANCs were considered to be "Indian tribes" and were eligible to receive the set-aside funds.
The Native Village of Akhiok is a federally recognized Alutiiq Alaska Native tribal entity.
The Native Village of Nelson Lagoon is a federally recognized Aleut Alaska Native tribal entity.
The Native Village of Ouzinkie is a federally recognized Alutiiq Alaska Native tribal entity.
References
Gavin Kentch, A Corporate Culture? The Environmental Justice Challenges of the Alaska Native Claims Settlement Act, 81 Miss. L.J. 813 (2012).
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