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Discussion: Resource Management in the Context of Alaska Native Village Corporations

EE Discussion Group June 4, 2003

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General Facts

Land Status (Alaska’s 375 million acres)

– Federal

Approximately 234 million acres (will be 217 million acres when conveyances are complete):

• Bureau of Land Management (86 million acres-will be 70)• US Fish and Wildlife Service (71 million acres) (manage Alaska’s

16 National Wildlife Refuges)• US Park Service (54 million acres)• US Forest Service (22 million acres)

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General Facts

Land Status (Alaska’s 375 million acres)

– State

Approximately 91 million acres (will be 104.5 million acres) granted in the Alaska Statehood Act – includes several million acres of State conservation areas

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General Facts

Land Status (Alaska’s 375 million acres)

– Alaska Native

Approximately 37.5 million acres (will be 45.6 million):• Village Corporations (202 original, 173 current; maintain

surface rights) and Regional Corporations (13; maintain sub-surface rights): 22.1 million acres

• Regional Corporation (surface and subsurface rights): 19.3 million acres (Doyon’s share 12.5 million acres)

• Reserves (5 former reserves retained land – did not receive ANSCA cash payment) – maintain surface and subsurface rights: (3.98 million acres)

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General Facts

Land Status (Alaska’s 375 million acres)

– Alaska Native

80,000 Alaska Native shareholders

•those living in village became members of Village and Regional Corp;

•those living outside village as an “at large” shareholder in regional corp.;

•those living outside AK as shareholders in Sea Alaska Corp.

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Map 1

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General Facts

Subsistence Use and Constraints– Federal lands – rural subsistence preference

title VIII of ANILCA “… pursuant to Titles II through VII of this Act, the purpose of this title is to provide the opportunity for rural residents engaged in a subsistence way of life to do so… the taking of such population for non-wasteful subsistence uses shall be given preference on the public lands over other consumptive uses … Federal land managing agencies, in managing subsistence activities on the public lands and in protecting the continued viability of all wild renewable resources in Alaska, shall cooperate with adjacent landowners and land managers…”

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General Facts

Subsistence Use and Constraints– Federal lands – rural subsistence preference

Subsistence defined as: “the customary and traditional uses by rural Alaska residents of wild renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of non-edible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing for personal or family consumption; and for customary trade” title VIII, ANILCA

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General Facts

Subsistence Use and Constraints– State and all other private lands – no rural

preferenceInitially, Feds allowed State fish and game enforcement on Federal

lands if rural subsistence preference adopted on State and Private lands

1989 AK Supreme Court (McDowell v. AK) ruled preference based on rural /urban status unconstitutional – Feds now control fish and game management on Federal land.

no rural or Native subsistence priority

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Map 2. Doyon Region

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General Facts

Land Management – Federal (234 million acres)

BLM (86 million acres) – general land use goals: promote environmentally sound

resource development and recreational opportunities– general wildlife management goals: to promote high

quality habitat conditions and to provide subsistence and consumptive sport uses

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General Facts

Land Management – Federal (234 million acres)

US Fish and Wildlife Service (71 million acres) – primary goal: conservation– allow for subsistence use and some consumptive sport

use.

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General Facts

Land Management – Federal (234 million acres)

US Park Service (54 million acres) – manages National Parks and Preserves– general goal is conservation – “a natural and healthy

population” – ANILCA defines– park lands: subsistence is only consumptive use– preserve lands: subsistence and consumptive sport use

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General Facts

Land Management – Federal (234 million acres)

US Forest Service (22 million acres)– general land use goals: promote environmentally sound

resource development and recreational opportunities– general wildlife management goals: to promote high

quality habitat conditions and to provide subsistence and consumptive sport uses

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General Facts

Land Management – State – (90.6 million acres)

“to develop, conserve, and enhance natural resources for present and future Alaskans.” – no rural subsistence priority– State Parks – mixed rules– Other subsistence and consumptive sport uses

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General Facts

Land Management – Alaska Native Lands (37.5 million acres)

Regional Corporation – mixed goals Village

– Village Corporation – frequent goal is to maximize subsistence resources for shareholder use but this is not always the case

– Traditional Village Council – generally to maximize subsistence resources

– Tribal IRA Government – generally to maximize subsistence resources

– Municipal government – ?

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Map 2. Doyon Region

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Map 3 Dinyee Corporation (Stevens Village – source, Doyon Lands)

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Map 1