Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Articles

2016

University of Washington School of Law

Alaska National Interest Lands Conservation Act

Articles 1 - 1 of 1

Full-Text Articles in Law

Sovereignty And Subsistence: Native Self-Government And Rights To Hunt, Fish, And Gather After Ansca, Robert T. Anderson Jan 2016

Sovereignty And Subsistence: Native Self-Government And Rights To Hunt, Fish, And Gather After Ansca, Robert T. Anderson

Articles

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 …