Reid Ginoza at 02:28, 7 May 2006

2006-05-07T02:28:52Z

Reid Ginoza at 20:55, 10 March 2006

2006-03-10T20:55:38Z

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(43 O.S.C. § 1601, et seq.) differed
s i g n i f i c a n t l y from the claims of
native Hawaiians. 195/
Non-Indian settlement of the
western United States followed a
t h r e e - s t e p p a t t e r n . First, the land
was acquired by t r e a t y from the
sovereign entity—France, Spain,
Mexico, Great Britain, or Russia—
claiming t i t l e . Second, some lands in
the acquired t e r r i t o r y were set aside
for Indians. Third, the public land
laws, which allowed people to enter
i n t o the acquired t e r r i t o r i e s and
s e t t l e thereon, were extended to
a l l federally-owned land in the
acquired t e r r i t o r y , except land that
had been s p e c i f i c a l l y reserved for
governmental purposes, such as Indian
reservations.
In Alaska, however, only the f i r st
and third steps occurred. 196/ After
the United States acquired t i t l e from
Russia, the public land laws were
extended to Alaska without there
having been any effort by the United
States to define Alaska Native rights
to use land or set aside land for
t h e i r exclusive use. However, as
Congress extended the various public
land laws to Alaska, it provided that
nothing in the laws should be deemed
to affect Alaska Native occupancy. In
general, this meant that land actually
occupied by an Alaska Native or a
native group or village could not be
acquired by a non-native under the
public land laws. However, it has
generally been held that a non-native
could acquire t i t l e to vacant land
that was subject to native
"aboriginal" occupancy, rather than
actual occupancy. 197/
When Alaska became a s t a t e,
Congress authorized the State to
s e l e c t vast areas of federal land for
i t s own use. 198/ The selection of
land had to be approved by the
Secretary of the I n t e r i o r ; however, he
could give " t e n t a t i v e approval" to the
S t a t e selection pending his final
approval and issuance of a patent.
Once the State had received " t e n t a t i ve
approval," it could "conditionally"
lease or s e l l the land to third
p a r t i e s . Another provision of the
Statehood Act, however, required the
State of Alaska to disclaim any
i n t e r e s t in land that "may be held by
any Indians, Eskimos, or Aleuts."
Further, the Statehood Act provided
that none of i t s provisions could be
construed to "recognize, deny,
enlarge, or impair any claim against
the United S t a t e s " [emphasis added]
and that the resolution of any native
land rights would be left to future
l e g i s l a t i o n by Congress.
The Statehood Act thus had an
i r r e c o n c i l a b l e c o n f l i c t . Unlike the
a c t s that extended the public land
laws to Alaska but protected the lands
natives actually occupied, the
Statehood Act prohibited the State
from s e l e c t i n g any lands that "might"
be held by natives or even claimed by
n a t i v e s . Congress probably intended
to protect lands that the natives used
and occupied in an aboriginal manner
from State selection, but no one was
sure what those lands were or the
extent of any native claim. The State
did select some lands and received
t e n t a t i v e approvals from the
Secretary. The State then leased
these lands to oil companies, which
discovered oil on them. When oil was
discovered, the native groups claimed
aboriginal t i t l e to the land. The
Secretary of the I n t e r i o r then issued
a land freeze preventing the State
from receiving further tentative
approvals of i t s selections pending
resolution of the native claims.
Moreover, Congress, in the Statehood
Act, had reserved for i t s e l f the
exclusive authority of defining native
land rights through future
l e g i s l a t i o n , so resolution by lawsuit
was d i f f i c u l t . This impasse led to
the enactment of the Alaska Native
Claims Settlement Act which, for the
f i r s t time in Alaska, defined the land
r i g h t s of the natives and allowed the
S t a t e to select its land from the
federal lands not set aside for the
natives by the Settlement Act.
350

@@ Line 1: / Line 1: @@
 (43 O.S.C. § 1601, et seq.) differed
-s i g n i f i c a n t l y from the claims of
+significantly from the claims of
-native Hawaiians. 195/
+native Hawaiians. <u>195</u>/
 Non-Indian settlement of the
 western United States followed a
-t h r e e - s t e p p a t t e r n . First, the land
+three-step pattern. First, the land
-was acquired by t r e a t y from the
+was acquired by treaty from the
 sovereign entity—France, Spain,
 Mexico, Great Britain, or Russia—
-claiming t i t l e . Second, some lands in
+claiming title. Second, some lands in
-the acquired t e r r i t o r y were set aside
+the acquired territory were set aside
 for Indians. Third, the public land
 laws, which allowed people to enter
-i n t o the acquired t e r r i t o r i e s and
+into the acquired territories and
-s e t t l e thereon, were extended to
+settle thereon, were extended to
-a l l federally-owned land in the
+all federally-owned land in the
-acquired t e r r i t o r y , except land that
+acquired territory, except land that
-had been s p e c i f i c a l l y reserved for
+had been specifically reserved for
 governmental purposes, such as Indian
 reservations.
-In Alaska, however, only the f i r st
-and third steps occurred. 196/ After
+In Alaska, however, only the first
-the United States acquired t i t l e from
+and third steps occurred. <u>196</u>/ After
 Russia, the public land laws were
 extended to Alaska without there
@@ Line 27: / Line 29: @@
 States to define Alaska Native rights
 to use land or set aside land for
-t h e i r exclusive use. However, as
+their exclusive use. However, as
 Congress extended the various public
 land laws to Alaska, it provided that
@@ Line 38: / Line 40: @@
 public land laws. However, it has
 generally been held that a non-native
-could acquire t i t l e to vacant land
+could acquire title to vacant land
 that was subject to native
 "aboriginal" occupancy, rather than
-actual occupancy. 197/
+actual occupancy. <u>197</u>/
-When Alaska became a s t a t e,
 Congress authorized the State to
-s e l e c t vast areas of federal land for
+select vast areas of federal land for
-i t s own use. 198/ The selection of
+its own use. <u>198</u>/ The selection of
 land had to be approved by the
-Secretary of the I n t e r i o r ; however, he
+Secretary of the Interior; however, he
-could give " t e n t a t i v e approval" to the
+could give "tentative approval" to the
-S t a t e selection pending his final
+State selection pending his final
 approval and issuance of a patent.
-Once the State had received " t e n t a t i ve
+Once the State had received "tentative
 approval," it could "conditionally"
-lease or s e l l the land to third
+lease or sell the land to third
-p a r t i e s . Another provision of the
+parties. Another provision of the
 Statehood Act, however, required the
 State of Alaska to disclaim any
-i n t e r e s t in land that "may be held by
+interest in land that "<u>may</u> be held by
 any Indians, Eskimos, or Aleuts."
 Further, the Statehood Act provided
-that none of i t s provisions could be
+that none of its provisions could be
-construed to "recognize, deny,
+construed to "recognize, <u>deny</u>,
 enlarge, or impair any claim against
-the United S t a t e s " [emphasis added]
+the United States" [emphasis added]
 and that the resolution of any native
 land rights would be left to future
-l e g i s l a t i o n by Congress.
+legislation by Congress.
 The Statehood Act thus had an
-i r r e c o n c i l a b l e c o n f l i c t . Unlike the
+irreconcilable conflict. Unlike the
-a c t s that extended the public land
+acts that extended the public land
 laws to Alaska but protected the lands
 natives actually occupied, the
 Statehood Act prohibited the State
-from s e l e c t i n g any lands that "might"
+from selecting any lands that "might"
 be held by natives or even claimed by
-n a t i v e s . Congress probably intended
+natives. Congress probably intended
 to protect lands that the natives used
 and occupied in an aboriginal manner
@@ Line 82: / Line 86: @@
 extent of any native claim. The State
 did select some lands and received
-t e n t a t i v e approvals from the
+tentative approvals from the
 Secretary. The State then leased
 these lands to oil companies, which
 discovered oil on them. When oil was
 discovered, the native groups claimed
-aboriginal t i t l e to the land. The
+aboriginal title to the land. The
-Secretary of the I n t e r i o r then issued
+Secretary of the Interior then issued
 a land freeze preventing the State
 from receiving further tentative
@@ Line 94: / Line 98: @@
 resolution of the native claims.
 Moreover, Congress, in the Statehood
-Act, had reserved for i t s e l f the
+Act, had reserved for itself the
 exclusive authority of defining native
 land rights through future
-l e g i s l a t i o n , so resolution by lawsuit
+legislation, so resolution by lawsuit
-was d i f f i c u l t . This impasse led to
+was difficult. This impasse led to
 the enactment of the Alaska Native
 Claims Settlement Act which, for the
-f i r s t time in Alaska, defined the land
+first time in Alaska, defined the land
-r i g h t s of the natives and allowed the
+rights of the natives and allowed the
-S t a t e to select its land from the
+State to select its land from the
 federal lands not set aside for the
 natives by the Settlement Act.
+{{p|350}}

Template:Nhsc-v1-350 - Revision history

Reid Ginoza at 02:28, 7 May 2006

Reid Ginoza at 20:55, 10 March 2006