The Corporate Whale: ANCSA, The First 10 Years Program 1 of 10

McPherson, Karen Michel 1982

Transcript

5...4...3...2...1. LADIES AND GENTLEMEN OF THE AFN, THIS IS THE WHITE HOUSE IN
WASHINGTON CALLING. I PRESENT THE PRESIDENT OF THE UNITED STATES...

[President Nixon] I APPRECIATE THIS OPPORTUNITY TO EXTEND MY GREETINGS AND
BEST WISHES TO THE CONVENTION OF THE ALASKA FEDERATION OF NATIVES. I WANT YOU
TO BE AMONG THE FIRST TO KNOW THAT I HAVE JUST SIGNED THE ALASKA NATIVE CLAIMS
SETTLEMENT ACT. THIS IS A MILESTONE IN ALASKA'S HISTORY.

[Narrator] THE CORPORATE WHALE: ANCSA, THE FIRST 10 YEARS.

[] The Reverend Merculieff from St. George Island...

This land of Alaska, which thou gave to our ancestors, who have come and gone
before us, is now being handed to us a second time, by the Act of the United
States Congress and our untiring efforts. A second chance is given to us by
thee to be the new custodians and caretakers.

ON DECEMBER 16, 1981, SEVERAL HUNDRED INDIAN, ESKIMO, AND ALEUT LEADERS GATHERED
IN A UNIVERSITY CAFETERIA IN ANCHORAGE, ALASKA, TO CONSIDER THE ALASKA NATIVE
LAND CLAIMS SETTLEMENT ACT, ANCSA. FOR THREE DAYS, THEY MET AND DISCUSSED THE
BILL. A BILL THAT OFFERED COMPENSATION OF NEARLY HALF A BILLION DOLLARS AND
CLOSE TO 1/9TH OF THE STATE'S TOTAL LAND, IN EXCHANGE FOR RELINGUISHING ALL
FURTHER ABORIGINAL CLAIMS TO THAT LAND.

THE DOLLAR AMOUNT AND THE VASTNESS OF THE TERRITORY IMPRESSED MANY. SOME PREDICTED THAT ALASKA NATIVES WILL BECOME THE 'SHIEKS OF THE NORTH', COMPARING THE IMINENT FINANCIAL WINDFALL
AND POTENTIAL GAIN FOR RESOURCE DEVELOPMENT WITH THE MIDDLE EAST. OTHERS, ESPECIALLY RESIDENTS OF ALASKA'S OIL-RICH ARCTIC SLOPE, FELT THE SETTLEMENT WAS NOT A JUST EXCHANGE FOR CLAIMS TO LAND; THAT THEIR ANCESTORS OCCUPIED AND USED FROM, AS THEY SAID, TIME IMMEMORIAL.

NOW, 10 YEARS AFTER, CONVENTION DELEGATES AGREED TO THE BILL HAMMERED OUT BY CONGRESS AND IS SIGNED INTO LAW BY PRESIDENT RICHARD NIXON ON DECEMBER 18, 1971. ALASKA NATIVES HAVE RECEIVED THE MONEY, BUT ARE CUSTODIANS AND CARETAKERS OF LESS THAN ONE HALF OF THE EXPECTED LAND.

THIS 10 PART SERIES, THE CORPORATE WHALE, WILL LISTEN TO SOME OF THE EVENTS LEADING TO THE LAND CLAIMS SETTLEMENT, THE MECHANISMS THAT WERE EMPLOYED TO MANAGE THE ACT, GOVERNMENT AGENCIES AND NATIVE CORPORATIONS, HEAR HOW LEADERS ASSESS THE FIRST 10 YEARS, AND PREDICTIONS FOR 1991.

ØDividin' the maktak is they way it's
always been

Dividin' the maktak between family and friends

We're sailin' toward to future, we're anchored in the past

Rich in our tradition, our ways will surely last
Ø

IN 1971, THE YEAR ANCSA BECAME LAW, ALASKA WAS REPRESENTED IN CONGRESS BY
THE LATE NICK BEGICH IN THE HOUSE, AND MIKE GRAVEL AND TED STEVENS IN THE
SENATE.

I'm Ted Stevens, and I'm still a United States Senator. I think one of the key questions was the amount of land in the settlement. In the beginning, that has been listed about a 10...uh...11 million acres and...uh...there are series of Native leaders involved at that time...to where ...in...insisting that ..uh...there had to be...uh...40 million acres...uh....at least. And...uh...the members of the House and Senate of both political parties...uh...kept saying...ya know, "Here....you...you people must come up with a state recommendation...on..on these various issues. We're not going to decide whether the state of Alaska is right or the Native group through the AFN or the members of Congress...uh. You just cannot present this case to us..uh...for a settlement, unique legislative settlement... uh....without some unanimity." And we finally did get together and worked out a series of...uh...positions...uhhhh...which reflected...uh...uh...a...I think a fairly unified approach to...and that was when the bill finally moved.

WILLIE HENSLEY IS NOW PRESIDENT OF NANA DEVELOPMENT CORPORATION, A NATIVE CORPORATION SUBSIDARY, AND CHAIRMAN OF A NATIVE-OWNED BANK, UNITED BANK ALASKA. HE HAS BEEN A STATE LEGISLATURE AND PRESIDENT OF THE ALASKA FEDERATION OF NATIVES AND HAS BEEN VERY ACTIVE LOBBYING CONGRESS IN WASHINGTON, D.C.

We had a...uh..lot of..uh....trouble with the ideas that were involved in...in...the approaches that Congress...uh...was trying to impose because..uh..frankly they wanted to make a settlement like a sieve. Ya know, that is you pour all the land and money up here into this big funnel; and then all of a sudden...swoosh....it's, ya know, passed out throughout the society and basically again into non-Native hands through business.

BUSINESS INTERESTS WERE IN FACT POWERFUL INFLUENCES IN MOVING CONGRESS IN THE EXECUTIVE BRANCH TOWARD A SETTLEMENT. IN 1968, ARCO ANNOUNCED THE SIGNIFICANT AMOUNTS OF OIL HAD BEEN DISCOVERED ON THE NORTH SLOPE, ON LANDS TRADITIONALLY USED BY THE IÑUPIAQ ESKIMOS. ON DECEMBER 17, 1971, JOE UPICKSUON OF BARROW, PRESIDENT OF THE ARCTIC SLOPE NATIVE ASSOCIATION, ADDRESSED THE DELEGATES ASSEMBLED IN ANCHORAGE...

The Congress is making this settlement for just one reason. Because the oil
of the North Slope is owned by the Iñupiat Eskimos of the Arctic Slope. As
it turns out, the pressure of the pipeline simply has required the Congress
to move.

DON WRIGHT, PRESIDENT OF THE ALASKA FEDERATION OF NATIVES AND LOBBYIST FOR
THE SETTLEMENT, WANTED TO CAPITALIZE ON THAT CONGRESSIONAL MOVEMENT. HE KNEW
THE LONG HISTORY, THE YEARS OF STRUGGLE TO OBTAIN THAT DOCUMENT. HE KNEW THAT
THE ARCTIC SLOPE WOULD NOT ACCEPT ITS CONDITIONS. AND CONGRESS AND THE PRESIDENT
WERE WAITING TO HEAR FROM THE DELEGATES. MANY OF THEM HAVING THEIR FIRST CLOSE
LOOK AT ANCSA'S 29 CROWDED PAGES.

The Congress of the United States has acted on a piece of legislation that
will make history not only for the state of Alaska but for the United States
and for the world. To the best of my knowledge, a land transaction such as
this has never taken place anywhere in the world before. It's been the history
of most nations to deal in total with other nations, each recognizing sovereignty
that was gained by force of arms. The Congress of the United States, at this
time, has truly recognized aboriginal title that is vested in you people and
left to you as an inheritance by your forefathers. Some of us, individually,
may have thoughts about the fairness of this legislation. Some of us, no doubt,
are not satisfied totally. The wording in this document is very complex and
difficult. It says things that will be interpreted by lawyers in different
ways. It was intended to be a total settlement.

Wales...

Here.

Teller...

Here.

Brevig...

Here.

THE ROOM WAS DIVIDED INTO 13 AREAS, CORRESPONDING TO THE 12 REGIONAL CORPORATIONS
SET OUT IN THE ACT, PLUS THE POTENTIAL 13TH REGIONAL CORPORATION FOR ALASKA
NATIVES LIVING OUTSIDE OF THE STATE. THE GROUP'S CAUCUS: DISCUSSING PROS
AND CONS IN THE VOTE THEY WOULD CAST. VOTES THAT COULD PROMPT A PRESIDENTIAL
VETO IN MORE YEARS OF CLAIMING NOT GETTING TITLES TO LAND.

There are some things, ya know, granted, that we don't like about it...that
we would rather have both on the Senate and House side. The fact of the matter
is that we can live with it still...and...and...I personally wouldn't want
to take a chance having the bill go through Congress again.

My recommendation would be, based on everything that we have heard, that...uh....we
go ahead and prepare...uh... to accept, and that we also as a part of this
recommendation start to line out the improvements that we want to make in the
bill. And obviously, the bill requires some clarifications, some improvements.
And the first we can see we're not perfectly happy with the bill.

I'm George Miller. I represent the Cook Inlet region, the biggest city, Indian
village in Alaska: Anchorage, Kenai, Tyonek, Ninilchik, Iliamna, Seldovia.
And the region of Cook Inlet recommends the signature of the President of the
United States to sign the bill.

Are there any other Regional Chairmen who wish to comment?

My name is Cecil Barnes. I represent Region 11, the Chugach Native Association.
And it is the recommendation of the delegation of the Chugach Native Association
that the President sign the bill into law.

Are there any other Regions that wish to speak? Tanana Chiefs...

THE GENERAL FEELING OF REGION AFTER REGION WAS THAT WHILE THE ALASKA NATIVE
LAND CLAIMS SETTLEMENT ACT WAS AN INPERFECT INSTRUMENT, IT COULD BE WORKED
WITH AND FINE TUNED LATER. AMIDST ALL THE POSITIVE SENTIMENT, A ELDERLY TLINGIT
MAN CAME TO THE PODIUM. WILLIAM PAUL, SR., ATTORNEY AND FIRST NATIVE MEMBER
OF THE TERRITORIAL HOUSE OF REPRESENTATIVES.

My theme right now is this: as I said long time ago, "The land is ours. What
are you afraid of?" Now we've gone through a struggle, and it seems to be terminating
at this time. And it seems to me that you are going to approve of this. But,
I want to tell you today, that you ought not to be guided by your fear! The
United States Congress admits that we have a legal right to the land, it is
ours! In order to satisfy our legal rights, they are offering us the turkey
monger.

Ø

Would the Secretary please read the motion?

I move, made by [T]im Wallace, recommends that the President's signature be
put on the Land Claims Bill, and was seconded by Harvey Samuelson.

Uh, the question was called last evening, and we're to take the vote at this
time. So the Secretary will call the roll. A 'Yes' vote will be approving for
the President of United States to sign the Bill into law.

This will be a 'Yes' or 'No' vote. Tlingit and Haida ANB...

Central Council of Southeast Alaska vote 'Yes'.

Central Council Southeast Alaska vote 'Yes'. Tanana Chiefs....Fairbanks Native
Association...

The Tanana Chiefs, Fairbanks Native Association vote 'Yes'.

Tanana Chiefs, Fairbanks Native Association vote 'Yes'. Arctic Slope...

NO!

Arctic Slope votes 'No'. Kotzebue...N.A.N.A....

'Yes'.

Kotzebue, N.A.N.A. votes 'Yes'. Tyonek....

Tyonek votes 'Yes'.

Tyonek votes 'Yes'. Washington Chapter....

Washington Chapter votes 'No'....[inaudible]

Washington Chapter votes 'No'. The total number of votes is 567. The total
of 511-'Yes' and 56-'No'.

WITH ONLY THE ARCTIC SLOPE AND WASHINGTON REGIONS DISSENTING, THE DELEGATES
TO THE DECEMBER 1971 ALASKA FEDERATION OF NATIVES CONVENTION OVERWHELMING ACCEPTED
PUBLIC LAW 92-203. AFN PRESIDENT, DON WRIGHT...

We're starting on a new era, the post-settlement era.

YOU'VE BEEN LISTENING TO THE CORPORATE WHALE: ANCSA, THE FIRST 10 YEARS. THE
FIRST PROGRAM IN A TEN PART SERIES WRITTEN AND PRODUCED BY KAREN MICHEL MCPHERSON,
WITH TECHNICAL ASSISTANCE FROM PHILLIP KAKOWSKI (sp?). FUNDING WAS PROVIDED
BY KUAC SPONSORS AND THE ALASKA NATIVE HUMAN RESOURCE DEVELOPMENT PROGRAM
OF THE COOPERATIVE EXTENSION SERVICE OF THE UNIVERSITY OF ALASKA.

SPECIAL THANKS TO THE HISTORICAL TAPE COLLECTION OF THE UNIVERSITY OF ALASKA
ARCHIVES AND MUSICIANS HERBIE VENT, BUDDY TABOR, AND FRED WESTERLAND.

Alaska Native Knowledge Network is responsible for the transcription of this
series. We would like to humbly apologize for any misspellings in advance.