By LISA REIMERS
Many people have speculated that the Alaska Natives Claims Settlement Act, or ANCSA, was an experiment in federal Indian policy.
In 1971, Congress authorized Alaska Natives to select and receive title to 44 million acres of public land and $962 million dollars as a settlement of their aboriginal claim to land in the State of Alaska.
The ANCSA framework was unique because it mandated the creation of for- profit corporations – both at the regional and village level – to be the legal vehicle by which the government would compensate Native people in Alaska as well as return ownership of their land.
There has always been a negative connotation surrounding the idea of corporate ownership. Federal Indian policy prior to ANCSA involved settlements and treaties that created the reservation system– which meant that the land and assets were held in trust by the federal government and were therefore controlled by the Bureau of Indian Affairs.
While ANCSA corporations are for-profit corporations, the mission and guiding principles by which they operate is ultimately influenced by the Alaska Native values of their shareholders.
This means that ANCSA corporations are the ultimate decisionmakers when it comes to deciding if and how their land and natural resources should be managed to achieve economic prosperity for their shareholders. That is why I do not view ANCSA as an experiment. Instead, I view it as the ultimate framework for self- determination.
I say this because of the insight I have received from people who actually took part in the implementation of ANCSA. I am an original shareholder of Iliamna Natives Ltd. (INL), which is a village corporation that formed following the enactment of ANCSA. INL was conveyed 69,000 acres of land in and around the village of Iliamna.
Obviously, we are one of the closest landowners near the Pebble Project. My parents were one of the original founders of INL who decided that INL land should be protected until there is a project that we can use to leverage our land for the good of our shareholders.
A project didn’t come along until 2004 when Northern Dynasty approached us with the plans they were working on and they asked my parents to form a subsidiary of INL that could partner with Pebble to provide jobs to our shareholders in the region. That is when we formed the Iliamna Development Corporation (IDC), a wholly owned subsidiary of INL. I have spent the last 16 years of my life as a sitting board member of both INL and IDC, as well as working as the CEO of IDC.
I am still proud to say that IDC – because of the work we accomplished with Pebble – went on to hire hundreds of employees from the region. At one point, IDC was the single largest employer in the Lake and Peninsula Borough. The pride I felt stems from the fact that I believed this project was the opportunity we needed to fulfill the intentions of ANCSA for our shareholders. That is why INL signed a rights-of-way agreement with Pebble in 2019, allowing them the right to build a transportation corridor on our land.
INL submitted a comment asking the U.S. Army Corps to select an alternative that put the transportation corridor on our land. INL carefully selected the route for the transportation corridor because it avoided three things: culturally sensitive areas, subsistence use areas, and critical salmon spawning habitat. INL did this not only with our shareholders in mind, but also the general public’s interest. When the Army Corps announced their record-of-decision (ROD) for the Pebble Project, INL shareholders were shockedto read that the Corps denied the permit because “the proposed project is contrary to the public interest.”
I believe this statement is contrary to the core principles of ANCSA, which transferred decision the making authority regarding resource and land development to the corporations and their shareholders. Who is to say that the Army Corps won’t use public interest to deny a project on ANCSA land in the future?
Lisa Riemers is CEO of Iliamna Development Corporation.
Well said
Much of the intended promise of ANCSA was circumvented by subsequent legislation. The promise made to all Alaskans with the original act was broken with erasure of the 1991 provisions. According to the design of ANCSA as it became law was that the 44 million acres would today be taxable. Even a property tax as small as $25 per acre would be very important to the state right now, and that was the promise of ANCSA. Today we have ANCSA corporations paying salaries as high as $5 million, and the corporations enjoy monopolistic federal protections on worldwide US Armed Forces contracts yet the majority Alaskans, and many believe that even the majority of ANCSA shareholders see no benefit from these special protections, the freedom from municipal property taxes in particular.
The ore remains in place, intact. This attempt may be over for a while. But it won’t be the last attempt. It took 50 years to open ANWR. Looks like Pebble may take at least that long. Cheers –
Thank you for sharing, Lisa.
I can imagine you get weary reading about what you and your people think without being asked… what you think. All this talk of independence and self-sufficiency remains just talk if you’re not allowed to follow through with your own decisions for your own people. Knowingly or unknowingly, denying your people autonomy to decide your future with your land (as in this case) perpetuates the view that indigenous people must be treated as children by parents who cannot trust them.
I hope many more native people grow to appreciate the potential they have for self determination so they can throw off the chains of the welfare state Alaska politicians have perpetuated in order to control this voting block in the regions of the State that could otherwise be economic engines for Alaska.
Very well said sir
Bless you Lisa, and thanks for having the courage to write this and publish it.
Be patient folks… which is not part of our culture. Imperial government thinks they know best, but has blown it for three major projects in a row – Pebble, Ambler, and Klutina Lake. Big Daddy needs to go back to America and leave us alone.
First, we need to stop trying to force dominant culture values on Alaska Natives. Secondly, we need to listen to them and respect them as we do ourselves. Thirdly, we need to recognize that their cultures are changing – but it is not up to us to guide those changes. Roads may be built, mines may be opened – but give it time – likely two or three generations. I predict in the not-too-distant future that the Bush will accept development – but it will be on their terms. Please stop trying to force development on people who are not willing or ready for it. They want to control who directs change, and who has access – this is a good thing.
Then, you are ignoring the other Village Corps that are seriously opposed?
I believe this land is their birth right and should have a very large say in the pebble project land. Maybe if it went thru and they became kings and queens, the could afford to buy all the fishing permits and really control their own destiny.
ANCSA gave us an opportunity which we almost peed away back in the 80’s for our lack of understanding of how the dominate society’s Machiavellian business model works. More often than not, their model is “If your not cheating, you’re not really trying to win.”
We’re learning more all the time but the Machiavellian part seems to be beyond our natural abilities. We’re too honest generally for our own good. We can’t seem to bring ourselves to “cheat”. Oh, certainly we get caught now and then up to our ears in some dishonest deeds, but we’re rank amateurs at it.
BBNC was gifted 19% of the Pebble mine when it that 19% was worth over 54 million on the market. They were “persuaded” to sell that 19% back to Northern Dynasty for just a hair over 8 million.
19% was enough to guarantee one of theirs sitting on the board of directors, being able to veto any unsafe mining practices.
Like I said, were rank amateurs still…………………
Or is the suppression of native Americans continuing?
And what about their neighbors who are rather opposed to this? One Village Corp better than four others?
Thanks for your article.
Completely agree, US Army Core of Engineers buckled and did not represent the interests of natives living in the land. Some time ago I read that this region of Alaska is one of the poorest in the country. And now I understand that it is because infrastructure projects like this are denied without any scientific basis.
As a private individual that would like to see Pebble Mine as an active project in the region, I have concerns about the future of our country and defense systems. I would much rather conservative Alaskans mine Pebble than import defense material from China.
I have sent letters to the Governor and President requesting actions be taken. From my point of view the person that murdered this project was Lisa Murkowski as she is supported by many lobbyists of the “Green Movement” which is ultimately backed by bureaucrats trying to cash in on people’s donations towards killing these types of projects.
Best of luck in this fight. Don’t give up, I expect in the near future demand for these rare earths will make Pebble extremely enticing and naturally demand another review. Before then though, we need the mine built so that we can get the resources out of the ground exactly when we need them.
If the demand is so extreme, is it possible that the federal government will outright try to seize the land without providing benefits to local communities that should be actively working in the mine’s region? I think that should be your primary concern under a Biden admin. I doubt there environmentalists will run to your defense. I hardly ever see Democrats criticize other Democrats on moral grounds these days.
China’s CCP may have a proxy buy it out at ten-cents on the dollar, then tell their Environazi and EPA activists attack dogs to stand down. If that happens, then we can kiss all honest environmental considerations and local hire goodby when their proxy mining company opens it up.
How insightful, Joseph. You have a point. With a Biden admin, his family creates a security risk since blackmail is now on the table with China and Russia. Thus, the Biden admin must listen to the Chinese for environmental advice to safeguard their wealth and reputation. The media will only help so much if and when China decides to release Biden material.
Republican or Democrat, having a blackmailable administration is foolish.
The COE decision re Pebble as “not in the public interest” will not only be applied to ANCSA lands but to all state and federal lands and will become a new tool to defuse all resource development in Alaska. Note that “public interest” is neither defined nor is there any criteria advanced for such a decision.
“not in the public interest” is nothing completely and absolutely nothing sinister. It’s been used many times by the USACE. Nothing new here ….
“Note that “public interest” is neither defined nor is there any criteria advanced for such a decision.”
Good catch. Without criteria nor definition, there’s no legal status.
If you would take the time to read the ROD you would become informed, actually.
Highly qualified and experienced engineers never use the phrase “Not in the public interest” except to point out that a decision had to defer to political pressure. They don’t particularly care about public interest. They care about good data and supportable arguments pro or con.
More likely than not, the ACoE wrote the ROD with the intent of putting Murkowski on the hook for her threats of cutting their budget over Pebble … and also to give notice to the extractive industries that they will probably do better for now, to continue mining in poorly regulated s***h*** countries.
As far as reading the ROD, I’ve been involved with the Pebble issue since the early 80’s, when I had a column with the Tundra Times. I also made many comments in the DEIS. I was involved with Pebble most likely long before you even knew it existed.
I even broached a remediation plan for Pebble (and many similar mines) which the ACoE may consider giving a serious look at. It’s a terra-forming concept already having much success in parts of the world.
I remember some time ago, then secretary of the interior James Watt opined to the muscular achievements of the environmental movement that at some point the pendulum of public policy would swing to far in one direction and when it reached that point in its arc those who had defined that point would be astonished and disappointed when the force of the pendulum washed them away on the violent tsunami of its back swing. Extreme environmentalism is not virtue but a reflection of the vanity of those entitled!
I wouldn’t say Pebble is “against the public interest.”
However, like most things of importance to the citizens, the tabloid superspreaders print and air their will to the vocal minority
.
The self proclaimed “news “outlets lure in the minions with trivial items , which they’re right about only right 50 % of the time ( weather) to interject the views of the string pullers.
For every door that closes another one open. Thanks Must Read Alaska.
I agree with what Lisa has to say. Her problem is she believes her Corporation has the power to cross their corporate lands and force their will on neighboring Corporations that want nothing to do with Pebble and the very real concern of a mining disaster.
Just wait until the Village Corporations get into the Sovereignty fight and start disputing the decisions of the reginal corporations.
If you think the Akaska Legislature has problems organizing, wait till you watch someone try putting 57 Sovereign Tribal Villages into one cohesive hand basket of agreement on the YK Delta together.
Or anywhere else in Rural Alaska for that matter.
Buy popcorn.
The traditional dominant Native families are constantly maneuvering to keep their privileged “high-cast” status … so it’s not a free-for-all, it’s an endless struggle for the rewards of position and power.
What is not relayed here is that the corridor ONLY led to Lake Iliamna. No way was USACE gonna go for barging concentrate over the lake year round. Likely too is that no engineer in their right mind would find Amakadori an acceptable port. I mean, dredging 3 miles with an unknown interval? Then, look at the long term ice accumulation chart of that particular place. Even the new landing at Diamond Point is no piece of cake in the winter.
As far as ANCSA goes, the writer is well aware that her neighbors who control the prefered corridor do not agree with her re Pebble and they operate under ANCSA, too. It is likely PLP is dead for at least four more years.
PLP threw out that route as a red herring, knowing in advance that the ACoE favored the other route. PLP couldn’t advocate for the other route directly because the bear lovers would have been all over it. Smoke and mirrors!
As is was, the red herring route kept the bear lovers in the dark, so there was very little public opposition to it before the decision was announced.
It is telling that PLP may have made preliminary time and cost estimates for that favored route, much more than for the ferry route. I don’t think PLP even put out preliminary inquiries for estimating the cost of a ferry and landing facilities. They most likely just looked up the cost of similar Puget Sound ferries.
Learn to keep up Monk.
Maybe you might join ResearchGate to discover and stay up-to-date with the latest research from leading experts in Cost and many other scientific topics.
If nothing else, it could help you to at least appear to be more educated on the subject of mining.
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