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Alaska Native Claims Settlement Act : ウィキペディア英語版
Alaska Native Claims Settlement Act
The Alaska Native Claims Settlement Act (ANCSA) was signed into law by President Richard M. Nixon on December 18, 1971, constituting at the time 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.〔"Recognition of aboriginal land rights in Alaska was a sharp departure from American Indian policy in other parts of the US. Observers believe this was more a result of slow economic development within Alaska than rejection of Indian policy," citing Cooley, R.A. 1983. "Evolution of Alaska land policy." in Morehouse, T. A. (editor). ''Alaskan Resources Development: Issues of the 1980s''. Boulder: Westview Press, pp. 13-49.〕 The settlement established Alaska Native claims to the land by transferring titles to twelve Alaska Native regional corporations and over 200 local village corporations.〔 A thirteenth regional corporation was later created for Alaska Natives who no longer resided in Alaska.〔 The act is codified as 43 U.S.C. 1601 et seq.
==Background==
When Alaska became a state in 1959, section 4 of the Alaska Statehood Act provided that any existing Alaska Native land claims would be unaffected by statehood and held in status quo.〔(【引用サイトリンク】url=http://www.lbblawyers.com/ancsa/state6.htm )〕 Yet while section 4 of the act preserved Native land claims until later settlement, section 6 allowed for the state government to claim lands deemed vacant.〔 Section 6 granted the state of Alaska the right to select lands then in the hands of the federal government, with the exception of Native territory, so that nearly from the public domain would eventually be transferred to the state.〔 All the same, the state government attempted to acquire lands under section 6 of the Statehood Act that were subject to Native claims under section 4, and that were currently occupied and used by Alaska Natives.〔 The federal Bureau of Land Management began to process the Alaska government's selections without taking into account the Native claims and without informing the affected Native groups.〔
It was against this backdrop that the original language for a land claims settlement was developed.〔(【引用サイトリンク】url=http://www.alaskool.org/projects/ancsa/testimony/ancsa_hearings/r_christiansen.html )〕 In 1968, Governor Walter Hickel summoned a group of Native leaders to work out a settlement that would be satisfactory to Natives.〔 The group met for ten days and asked for $20 million in exchange for requested lands.〔 They also asked for 10% of federal mineral lease revenue.
A 9.2-magnitude earthquake struck the state in 1964.〔(【引用サイトリンク】url=http://www.aeic.alaska.edu/quakes/Alaska_1964_earthquake.html )〕 Recovery efforts drew the attention of the federal government, which found that Alaska Natives had the poorest living conditions in the country.〔 The Federal Field Committee for Development Planning in Alaska decided that Natives should receive $100 million and the 10% revenue royalty.〔 Nothing was done with this proposal, however, and a freeze on land transfers remained in effect. In 1969 President Nixon appointed Hickel as Secretary of the Interior.〔〔(【引用サイトリンク】url=http://docs.house.gov/meetings/ii/ii24/20130516/100839/hhrg-113-ii24-wstate-mallottb-20130516.pdf )〕 The Alaska Federation of Natives (AFN) protested against Hickel’s nomination, but he was eventually confirmed.〔〔
Hickel worked with the AFN, negotiating with Native leaders and state government over the disputed lands. Offers went back and forth, with each rejecting the other’s proposals. The AFN wanted rights to land, while then Governor Keith Miller believed Natives did not have legitimate claims to state land in light of the provisions of the Alaska Statehood Act.〔 Yet soon thereafter a new Alaska state administration was to stake out positions upon which the AFN and other stakeholders could largely agree. Native leaders, in addition to the Alaska's congressional delegation and the state's newly elected Governor William A. Egan, eventually reached the basis for presenting a common front to Congress.〔〔 The proposed settlement terms faced challenges in both houses but found a strong ally in Senator Henry M. Jackson who represented Washington state.〔 The most controversial issues that continued to hold up approval were methods for determining land selection by Alaska Natives and financial distribution.〔
In 1968, the Atlantic-Richfield Company discovered oil at Prudhoe Bay on the Arctic coast, catapulting the issue of land ownership into headlines. In order to lessen the difficulty of drilling at such a remote location and transporting the oil to the lower 48 states, the oil companies proposed building a pipeline to carry the oil across Alaska to the port of Valdez〔 At Valdez, the oil would be loaded onto tankers and shipped to the contiguous states.〔 The plan had been approved, but a permit to construct the pipeline, which would cross lands involved in the land claims dispute, could not be granted until the Native claims were settled.〔
With major petroleum dollars on the line, there were new calls for a definitive legislative resolution at the federal level. Thus in 1971, the Alaska Native Claims Settlement Act was signed into law by President Nixon.〔 It abrogated Native claims to aboriginal lands except those that are the subject of the law.〔 In return, Natives received up to of land and were paid $963 million.〔〔 The land and money were divided among regional, urban, and village tribal corporations.〔(【引用サイトリンク】url=http://www.lbblawyers.com/ancsa/1602.htm )

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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