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Congressional Record, December 16, 2021, from Page S9265 — United States Senate

Summary

Page S9265 of the Senate section of the Congressional Record for December 16, 2021, in interleaved columns. Resolution text calls on the Government of the Russian Federation to abide by commitments agreed to in 2014 and 2015 in the Minsk agreements. Senate Resolution 481 urges the Secretary of the Interior to recognize a leadership model in the State of Alaska under the Alaska Native Claims Settlement Act, and whereas clauses recall the naming of a school for Roberto Clemente. Committees are authorized to meet during that day's session of the Senate.

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“Congressional Record, December 16, 2021, from Page S9265 — United States Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-12-16-crec-2021-12-16-pt1-pgs9265-2-495e355a4d/, SHA-256 e21b89406445da49acdb0bea20e00ea62728520fbea8a05d189589db48272b3e.

Full text

                                               December 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S9265
                                                 (4) calls on the Government of the Russian            New Roberto Clemente Middle School in                  ership model used in the 48 contiguous
                                               Federation to abide by commitments agreed               April 2005;                                            States of designating reservations held in
                                               to in 2014 and 2015 in the Minsk agreements.              Whereas the Paterson School District des-            trust by the Federal Government;
                                                               f                                       ignated an elementary school the Roberto                 Whereas, recognizing the uneven distribu-
                                                                                                       Clemente Elementary School in September                tion of natural resources in the State among
                                               SENATE RESOLUTION 481—URGING                            1975;                                                  the 12 regions in the State, subsections (i)
                                                 THE SECRETARY OF THE INTE-                              Whereas the Newark Board of Education                and (j) of section 7 of ANCSA (43 U.S.C. 1606)
                                                 RIOR TO RECOGNIZE THE HIS-                            designated an elementary school the Roberto            include provisions that reflect the Alaska
                                                 TORICAL SIGNIFICANCE OF RO-                           Clemente Elementary School;                            Native values of sharing and cooperation;
                                                 BERTO CLEMENTE’S PLACE OF                               Whereas The Roberto Clemente Little                    Whereas, under section 7 of ANCSA (43
                                                 DEATH NEAR PINONES IN LOIZA,                          League in Branch Brook Park in Newark,                 U.S.C. 1606)—
                                                                                                       New Jersey, is named in his honor;                       (1) 70 percent of the annual revenues of
                                                 PUERTO RICO, BY ADDING IT TO                                                                                 each land-owning Regional Corporation de-
                                                                                                         Whereas Roberto Clemente was post-
                                                 THE NATIONAL REGISTER OF                              humously awarded the Presidential Medal of             rived from the land of that Regional Cor-
                                                 HISTORIC PLACES                                       Freedom, Presidential Citizens Medal, and              poration are required under subsection (i) of
                                                 Mr. MENENDEZ (for himself, Mr.                        the Congressional Gold Medal for his civic             that section to be shared with all other Re-
                                               BLUMENTHAL, Mr. BOOKER, Mr. BROWN,                      and charitable contributions; and                      gional Corporations; and
                                                                                                         Whereas the crash site in the adjacent area            (2) Regional Corporations are then re-
                                               Mr. CASEY, Mr. HEINRICH, Mr. MARKEY,                                                                           quired, under subsection (j) of that section,
                                                                                                       to Playa Aviones in the municipality of
                                               Mr. PADILLA, Ms. WARREN, Mr. LUJÁN,                                                                           to share 50 percent of the revenues described
                                                                                                       Loı́za, Puerto Rico, was the last place where
                                               and Ms. DUCKWORTH) submitted the fol-                   Roberto Clemente graced this world 49 years            in paragraph (1) with—
                                               lowing resolution; which was referred                   ago: Now, therefore, be it                                 (A) the Village Corporations and Urban
                                               to the Committee on Energy and Nat-                       Resolved, That the Senate requests that the            Corporations that are located in the same
                                               ural Resources:                                         Secretary of the Interior recognize the crash            region as the applicable Regional Corpora-
                                                                  S. RES. 481                          site of Roberto Clemente’s airplane and the              tion; and
                                                                                                       adjacent land by adding the site to the Na-                (B) the at-large shareholders of the appli-
                                                 Whereas Roberto Clemente was a renowned                                                                        cable Regional Corporation;
                                               baseball player born on August 18, 1934, in             tional Register of Historic Places.
                                                                                                                                                                Whereas each Regional Corporation, at
                                               Carolina, Puerto Rico;                                                    f                                    times, has received more shared revenue
                                                 Whereas Roberto Clemente started playing                                                                     under section 7(i) of ANCSA (43 U.S.C.
                                               for the Pittsburgh Pirates of the National              SENATE RESOLUTION 482—RECOG-                           1606(i)) than internally produced revenue,
                                               League in Major League Baseball in 1955, and              NIZING THE 50TH ANNIVERSARY                          demonstrating the importance of incor-
                                               went on to play for them for 18 seasons, be-              OF THE ALASKA NATIVE CLAIMS                          porating the Alaska Native values of sharing
                                               coming a baseball legend;                                 SETTLEMENT       ACT    AND    THE                   and cooperation into ANCSA;
                                                 Whereas Roberto Clemente won the 1960                   LASTING IMPACT OF THAT ACT                             Whereas, under ANCSA during the 50-year
                                               and 1971 World Series Championships with                                                                       period preceding the date of adoption of this
                                                                                                         ON THE STATE OF ALASKA AND
                                               the Pittsburgh Pirates, the 1971 World Series                                                                  resolution, Alaska Native people have man-
                                               Most Valuable Player Award, the 1966 Na-                  ALASKA NATIVE PEOPLE
                                                                                                                                                              aged their land successfully, fostering sus-
                                               tional League Most Valuable Player Award,                 Mr. SULLIVAN (for himself and Ms.                    tainable businesses and creating employ-
                                               15 All Star selections (1960-1967, 1969-1972), 12       MURKOWSKI) submitted the following                     ment opportunities for all Alaskans, Native
                                               consecutive Gold Glove Awards (1961-1972), 4            resolution; which was referred to the                  and non-Native, and people across the United
                                               National Batting Titles (1961, 1963-1965, 1967,                                                                States and around the world;
                                                                                                       Committee on Indian Affairs:
                                               1969), and hit the only walk-off, inside-the-                                                                    Whereas ANCSA has benefitted all Alas-
                                               park grand slam home run in professional                                   S. RES. 482
                                                                                                                                                              kans—
                                               baseball history on July 25, 1956;                        Whereas the Alaska Native Claims Settle-               (1) through diversifying the economy of the
                                                 Whereas Roberto Clemente became the                   ment Act (43 U.S.C. 1601 et seq.) (referred to         State; and
                                               first Latin American ballplayer to reach                in this preamble as ‘‘ANCSA’’) was signed                (2) by bringing revenue and expertise back
                                               3,000 career hits on September 30, 1972;                into law on December 18, 1971, to settle long-         to the State through Native Corporation
                                                 Whereas Roberto Clemente enlisted into                standing issues of Alaska Native aboriginal            business ventures in the national and inter-
                                               the United States Marine Corps in 1958, and             land claims in the State of Alaska (referred           national realms;
                                               served as an infantryman for 6 years until              to in this preamble as the ‘‘State’’);                   Whereas ANCSA has been amended by al-
                                               1964, when he was honorably discharged;                   Whereas the 1970s welcomed a new era of              most every Congress since the enactment of
                                                 Whereas Roberto Clemente embodied the                 Federal Indian policy, one of economic and             that Act in 1971, with some of the most sig-
                                               values of a model citizen through his acts of           self-determination, with the passage of                nificant and lasting amendments being en-
                                               service and humanitarian efforts toward                 ANCSA;                                                 acted in the Alaska Native Claims Settle-
                                               those in need, regardless of their location;              Whereas title to 44,000,000 acres of land and        ment Act Amendments of 1987 (Public Law
                                                 Whereas Roberto Clemente was on his way               $962,500,000 were transferred to Alaska Native         100–241; 101 Stat. 1788) (commonly known as
                                               to selflessly provide humanitarian aid to               people as a result of the land claims settle-          the ‘‘1991 amendments’’) (referred to in this
                                               earthquake-ridden Nicaragua when he died;               ment under ANCSA, including—                           preamble as the ‘‘1991 amendments’’);
                                                 Whereas the plane that Roberto Clemente                 (1) title to property in the clearly defined           Whereas among the provisions in the 1991
                                               was on crashed into the ocean shortly after             traditional homelands of Alaska Native peo-            amendments was an extension of the prohibi-
                                               taking off from Isla Verde International Air-           ple; and                                               tion on the sale of Native Corporation stock
                                               port/Aeropuerto Internacional de Isla Verde               (2) money to help compensate for the land            in perpetuity unless a majority of all share-
                                               on December 31, 1972;                                   Alaska Native people would not receive;                holders of the applicable Native Corporation
                                                 Whereas Roberto Clemente was only 38                    Whereas the purpose of the land claims set-          voted to remove that restriction, which—
                                               years old when he passed away;                          tlement under ANCSA was to ensure the so-                (1) enabled shares to be held mostly by the
                                                 Whereas Roberto Clemente was the first                cial and economic well-being of Alaska Na-             Alaska Native people; and
                                               Puerto Rican inducted into the National                 tive people without creating a lengthy ward-             (2) allowed Alaska Native people to pass
                                               Baseball Hall of Fame in 1973;                          ship under the Federal Government;                     that stock from 1 generation to the next and,
                                                 Whereas Buenaventura Boulevard was des-                 Whereas ANCSA mandated—                              as a result, increase the number of Alaska
                                               ignated as the Roberto Clemente Memorial                  (1) the creation of—                                 Native shareholders in a Native Corporation;
                                               Roadway by the Osceola County Board of                      (A) 12 land-owning and for-profit Re-                Whereas another provision in the 1991
                                               County Commissioners in 2015;                             gional Corporations covering all of the              amendments allowed shareholders of each
                                                 Whereas Stonewall Jackson Middle School                 State; and                                           Native Corporation to vote to include de-
                                               was renamed Roberto Clemente Middle                         (B) 1 non-land-owning Regional Corpora-            scendants of original shareholders born after
                                               School by the Orange County School Board                  tion for non-residents of the State; and             the date of enactment of ANCSA to become
                                               in September 2020;                                        (2) the incorporation of over 200 Village            shareholders regardless of date of birth;
                                                 Whereas Stonewall Jackson Road, a mile-               Corporations and Urban Corporations within               Whereas the pioneering work of Alaska Na-
                                               long stretch of road off of Semoran Boule-              each region of the State, either as for-profit         tive leaders of the mid-20th century created
                                               vard, was renamed for Roberto Clemente by               or nonprofit corporations, with the land, as-          a lasting legacy of professional, personal,




SSpencer on DSK126QN23PROD with SENATE
                                               the Orlando City Council in June 2021;                  sets, and businesses of those corporations to          and historic economic success;
                                                 Whereas a portion of Route 21 in Newark               be owned by Native shareholders;                         Whereas Alaska Native people have pros-
                                               was designated as the Roberto Clemente Me-                Whereas ANCSA redefined Alaska Native                pered from their own initiative and innova-
                                               morial Highway by the New Jersey Legisla-               land ownership by conveying Native-owned               tive approaches to fostering economic devel-
                                               ture in June 2016;                                      fee simple title to the newly-created Native           opment through self-determination;
                                                 Whereas the Paterson School District, the             Corporations and, through those Corpora-                 Whereas Alaska Native resiliency, leader-
                                               City of Paterson, and New Jersey Schools                tions, to Alaska Native shareholders of each           ship, and relentless work ethic have devel-
                                               Construction Corporation inaugurated the                Corporation, rather than using the land own-           oped and supported some of the previously




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                                               S9266                                             CONGRESSIONAL RECORD — SENATE                                                   December 16, 2021
                                               most underserved regions in the United                    For those who are not familiar with                    They also provide important services
                                               States into some of the most thriving, im-              Alaska’s history, ANCSA, as we call it,                for their people, like scholarships and
                                               proving life expectancy and health condi-               is one of the foundational laws for my                 cultural stewardship, often through
                                               tions in those very regions;
                                                  Whereas subsequent to ANCSA ushering in
                                                                                                       State. It settled aboriginal land names.               their nonprofit foundations. Because of
                                               the era of self-determination in Federal In-            It chartered hundreds of Alaska Native                 ANCSA, significant investments have
                                               dian policy, the Indian Self-Determination              corporations to own lands and to em-                   been made in real estate, construction,
                                               and Education Assistance Act (25 U.S.C. 5301            power their Alaska Native share-                       tourism, workforce development, pro-
                                               et seq.) (referred to in this preamble as the           holders.                                               fessional services, and so much more.
                                               ‘‘ISDEAA’’) was enacted in 1975;                          Now, this structure is very unique. I                  We have also seen the very clear ben-
                                                  Whereas the ISDEAA defined Native Cor-               think most of us think about a cor-                    efit of resource development. We see
                                               porations as Indian Tribes for the purposes                                                                    this up in the NANA region with the
                                                                                                       poration and you think about an IBM
                                               of that Act;
                                                                                                       or a General Electric, but an Alaska                   Red Dog Mine. We are hoping that can
                                                  Whereas, because of the ISDEAA, federally
                                               recognized Alaska Native Tribes and Native              Native corporation and the share-                      be replicated at prospects like Donlin
                                               Corporations have worked together to serve              holders who are part of them are very,                 Gold in the Calista region. Revenue
                                               as providers for health, housing, and other             very different from the corporate                      sharing—very, very unique within
                                               Tribal services;                                        structure that most know.                              ANCSA—revenue sharing with village
                                                  Whereas, beyond monetary benefits to                   This approach that was arrived at                    corporations and leadership in the area
                                               shareholders, Native Corporations, through              with the Alaska Native Claims Settle-                  of cultural resource protection—we see
                                               the structure and mandates of ANCSA, pro-                                                                      that down in the southeast region.
                                               vide countless additional benefits, includ-
                                                                                                       ment Act was new. It was a clear, clear
                                                                                                       departure from the reservation model                   These are just a few of the examples of
                                               ing—
                                                  (1) scholarships;                                    in the lower 48. It ushered in a new                   where ANCSA really got it right.
                                                  (2) burial and funeral assistance;                   level of economic self-determination                     As we look back at ANCSA, we recog-
                                                  (3) internships;                                     through private land ownership.                        nize that there were many, many peo-
                                                  (4) language revitalization programs;                                                                       ple who helped to make it happen—not
                                                  (5) careers; and                                       Alaska Native leaders took a look at
                                                  (6) culture camps;                                   the reservation system that was                        just President Nixon, as I mentioned,
                                                  Whereas education has, and continues to              throughout other parts of America, and                 the congressional delegation, of course,
                                               be, a key focus for Regional Corporations,              in most of them—not all, but most of                   but more importantly, the many
                                               which is evidenced by the fact that all 12              them—decided on another path, saying:                  strong Alaska Native leaders, like
                                               land-owning Regional Corporations have—                 That is not the route that we would                    Emil Notti, Etok Edwardsen, and John
                                                  (1) education foundations to help support                                                                   Borbridge, among many, many others.
                                               shareholders and descendants who want to                take.
                                                                                                         They wanted to manage their lands,                     We are fortunate that some of the
                                               advance their educational endeavors; and
                                                  (2) as of the date of adoption of this resolu-       manage their resources on their own                    key ANCSA advocates are still with us
                                               tion, awarded more than 54,000 individual               terms, and to have greater economic                    today, but, sadly, many of the vision-
                                               scholarships;                                           prosperity and independence.                           ary leaders who were so instrumental
                                                  Whereas Alaska Native people hold numer-               So in Alaska, we have 229 Tribes in                  in the negotiations have passed on, and
                                               ous positions of leadership in the State and                                                                   there are far too many to mention
                                                                                                       the State, and, as someone who comes
                                               beyond, inspiring younger generations of                                                                       here, but I will share the story of one
                                               Alaskans;                                               from a State where you do have many
                                                                                                       Tribes, I think it always gets people’s                of them.
                                                  Whereas further improvements to ANCSA                                                                         Don Wright, this individual right
                                               must continue in order to fulfill all of the            attention when I say we have about 40
                                               promises of ANCSA and all of the promises               percent of the Tribes in the Nation                    here, was born in Nenana back in 1929.
                                               made by the Federal Government to Alaska                                                                       He is shown here with Ted Stevens,
                                                                                                       that are located in Alaska.
                                               Native people;                                            ANCSA established more than 200 vil-                 over to the right. This is Don’s wife
                                                  Whereas the dedication and enthusiasm of             lage corporations along with regional                  Carol, and this is the Senator from
                                               the next generations of Alaska Native lead-
                                                                                                       and urban corporations. And under this                 Vermont, Senator Stafford.
                                               ers honors the previous generations of Alas-                                                                     Don was known for his charisma and
                                               ka Native leaders who worked diligently to              settlement, Congress transferred some
                                                                                                                                                              his skill as a negotiator and a political
                                               achieve the most significant Native land set-           44 million acres of land in Alaska to
                                                                                                                                                              leader. Many Alaska Natives at the
                                               tlement in the history of the United States;            the private ownership of these newly                   time were just very, very personally in-
                                                  Whereas, with the adoption of Senate Res-            created corporations. They also appro-                 vested in this effort, and he was one
                                               olution 351, 112th Congress, agreed to Decem-           priated $962 million in compensation.
                                               ber 17, 2011, the Senate recognized the impor-                                                                 who really led in this. He personally
                                                                                                       So there was the transfer of ownership,                contributed to the advocacy effort,
                                               tance of ANCSA; and
                                                                                                       as well as the conveyance of dollars.                  both in time and money. Don led that,
                                                  Whereas the people of the United States
                                               have reason to honor the tremendous edu-                  So as shareholders, the Alaska Na-                   along with others.
                                               cational, social, political, economic, and cul-         tive people would then be able to de-                    He and others spent nights sleeping
                                               tural achievements of Alaska Native people              cide for themselves how to use, how to                 on the streets here in Washington, DC,
                                               over the past 50 years: Now, therefore, be it           protect, and how to guide development                  or in the Halls of Congress. They
                                                  Resolved, That the Senate—                           of their lands and their resources. As
                                                  (1) recognizes December 18, 2021, as the 50th
                                                                                                                                                              maxed out credit cards to pay for the
                                                                                                       Marlene Johnson put it, ANCSA meant                    long trips all the way from Alaska to
                                               anniversary of the passage of the Alaska Na-            that Alaska Natives ‘‘were able to sur-
                                               tive Claims Settlement Act (43 U.S.C. 1601 et                                                                  come here to DC to the Capitol. Don
                                               seq.) (referred to in this resolution as
                                                                                                       round and put their arms around the                    once paid the way for 20 Alaskans to
                                               ‘‘ANCSA’’);                                             land that belonged to their forefathers                travel with him to lobby for the legis-
                                                  (2) commemorates the extensive achieve-              and will belong to their grandkids,’’                  lation. He was really all in. He fought
                                               ments made by Alaska Native people                      and she said, ‘‘That is really impor-                  tirelessly to secure Native land rights.
                                               through the implementation of ANCSA,                    tant.’’ It really is.                                    He was president of the Alaska Fed-
                                               while simultaneously maintaining their cul-               Today the economic success of                        eration of Natives when ANCSA actu-
                                               ture, traditions, and ways of life, during the          ANCSA is as self-evident as it is self-                ally became law. He was able to meet
                                               50-year period preceding the date of adoption           determined. ANCSA has positively im-
                                               of this resolution; and                                                                                        with President Nixon in 1971 to encour-
                                                                                                       pacted not just Alaska Native people                   age passage of the bill and was truly a
                                                  (3) celebrates the successes of Alaska Na-
                                               tive people during that 50-year period, with            but Alaska as a whole. ANCs, as we call                driving force behind the effort.
                                               optimism for the next 50 years and beyond.              them, have become key economic driv-                     He framed it well by saying that
                                                 Ms. MURKOWSKI. Madam President,                       ers, creating jobs and industry in Alas-               year:
                                                                                                       ka but also across the country and




SSpencer on DSK126QN23PROD with SENATE
                                               I mentioned that I came to the floor to                                                                          The President and the Congress must de-
                                               speak about a significant matter for                    even around the globe.                                 cide whether this last chapter is to be writ-
                                               Alaska. It is a significant milestone for                 ANCs consistently rank as the top 10                 ten in dignity or dishonor.
                                               my State. Just 2 days from now, on De-                  Alaska-owned businesses by gross rev-                    I think, thanks to Don Wright and
                                               cember 18, we will mark the 50th anni-                  enue, and many of the largest office                   many other Native leaders, it was writ-
                                               versary of the Alaska Native Claims                     buildings and employers in Anchorage                   ten in dignity.
                                               Settlement Act being signed into law                    and Fairbanks and Juneau are home to                     I am really very, very humbled by all
                                               by President Nixon back in 1971.                        ANCs.                                                  of the incredible people who helped



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                                               December 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                S9267
                                               shape ANCSA, many of whom I am for-                     its text and therefore unable to create                merly used defense sites, were con-
                                               tunate to know and to call my friends.                  what we call urban corporations.                       taminated. The Federal Government
                                               It is a privilege to be able to honor and               Today, this is a 50-year injustice for                 knew they were contaminated, but
                                               thank them here on the Senate floor                     these five Alaska Native communities                   they were still conveyed to the ANCs
                                               for their fortitude, their determina-                   of Haines, Ketchikan, Wrangell, Peters-                as contaminated lands, and the govern-
                                               tion, and their perseverance.                           burg, and Tenakee. I have had the                      ment is saying: OK. This is part of your
                                                 I remain unwavering in my commit-                     privilege to live in Wrangell and to be                land settlement. We are going to give
                                               ment to help today’s leaders as we con-                 born in Ketchikan, so these are com-                   you these lands, but you can’t use
                                               tinue to improve ANCSA and ensure                       munities that are pretty close to my                   these lands because they are contami-
                                               that the Federal Government upholds                     heart.                                                 nated.
                                               its promise to Alaska Native people.                      The situation in terms of being left                   There are horrible consequences that
                                                 Now, we say around here all the time                  out was challenging enough. It is not                  we are seeing to this. We have clusters
                                               that there is no law that we have writ-                 made easier by their location in the                   of illnesses, cancer. I just had a report
                                               ten and passed that is perfect, and                     Tongass National Forest. But I would                   that was presented to the Alaska Fed-
                                               ANCSA is certainly no exception. It is                  remind the Senate that they and their                  eration of Natives Convention just this
                                               really a living document, if you will,                  ancestors lived in this area. They took                past week. This is causing real suf-
                                               still changing, still evolving. There are               care of these lands long before the Fed-               fering, true consequences, death in
                                               gaps; we recognize that. There are                      eral Government came along and made                    these communities.
                                               shortcomings, and we still have unfin-                  the designation of a national forest.                    It is no fault of the people who live
                                               ished business, important issues that                     That nearly all of their region has                  there and received these lands in set-
                                               we have to resolve. One of these is re-                 since been taken and classified as a                   tlement from the Federal Government.
                                               cent, unfortunately, and it does not in-                Federal forest is no reason to refuse to               It is a Federal responsibility for us to
                                               volve amending ANCSA, but, instead,                     acknowledge and work with us on this.                  take care of this, so we have a plan we
                                               it calls for flexibility for the unique                 So I have recently reintroduced legisla-               have—we have a plan in the sense that
                                               corporations it created.                                tion to allow those five southeast com-                we have identified where these con-
                                                 After the COVID pandemic struck                       munities to receive their rightful land                taminated lands are, but what we need
                                               our country, those of us in Congress                    entitlements under ANCSA.                              is a comprehensive plan in terms of the
                                               came together. We were seeking to pass                    I would urge my colleagues, take a                   action, what we are actually going to
                                               the CARES Act to provide relief across                  look at this. Recognize that this is a                 do to clean up the land and make it
                                               the spectrum. As part of that—and I                     matter of the Federal Government                       right and make it right as soon as pos-
                                               was really very pleased to be able to be                making good on its promise to thou-                    sible.
                                               part of that effort that was able to                    sands of Alaska Natives. I would ask                     Another issue that we need to resolve
                                               dedicate significant funding for Tribes                 that you would join me and Senator                     is the issue of ‘‘afterborns.’’
                                               and Tribal entities. It was $8 billion                  SULLIVAN and Congressman YOUNG as                        The day that ANCSA became law,
                                               that was dedicated for Tribes, Tribal                   we work to advance this bill into law,                 December 18, 1971, was kind of an arbi-
                                               entities, including ANCs.                               as we, again, continue to address                      trary deadline, if you will, for Alaska
                                                 But ANCs’ eligibility for that funding                unfulfilled promises within ANCSA.                     Native people to be included in its ben-
                                               was quickly challenged despite the                        A third matter is a provision in                     efits. So if a Native person was alive on
                                               very clear intention here in Congress.                  ANCSA that, quite honestly, is just                    the date of enactment, December 18,
                                               The case ultimately went to the Su-                     outdated, no longer needed.                            1971, they were included as an eligible
                                               preme Court. It wasn’t decided until                      Congress, in trying to do the right                  shareholder in the ANCSA corporation
                                               June 25 of this year, when they ulti-                   thing, required village corporations to                that aligned with their traditional
                                               mately prevailed.                                       take a portion of the lands they re-                   Tribal homelands. But if a Native per-
                                                 As a result of that litigation, ANCs                  ceived under ANCSA and give them to                    son, even from the same family—same
                                               received their allocations under that                   the State of Alaska to hold in trust for               area, same family—if they were born
                                               CARES funding, but they only recently                   future community needs.                                after December 18, 1971, they were not
                                               received this. So they got the litiga-                    Fast-forward some 50 years, and                      included, and they did not receive
                                               tion through, and they received their                   many of these lands are simply being                   shares in any Native corporation. So
                                               allocation but very late. But now we                    held in trust now even though they are                 what you had, you created two distinct
                                               have a new problem. The new problem                     not needed for municipal purposes and                  classes of Native people. You had origi-
                                               is, that CARES Act money needs to be                    quite likely will never be. It is just                 nal shareholders and nonshareholder
                                               spent by December 31—a matter of a                      time to end that requirement and en-                   descendants—they           call     them
                                               couple weeks. That is just not right.                   able the village corporations to receive               afterborns—who were effectively disen-
                                               That is not fair here. It is clearly not                these lands back if they so choose.                    franchised from the benefits that Con-
                                               long enough to be able to responsibly                     We also have to remember that this                   gress intended for them.
                                               utilize these very important funds, and                 is a land settlement, but it is not fully                There was a past amendment to
                                               it is really not fair as a result of the                implemented. Keep in mind—it has                       ANCSA that dealt directly with this
                                               litigation they faced.                                  been 50 years now. It is a land settle-                issue but didn’t sufficiently solve this
                                                 So the congressional delegation—                      ment that hasn’t been implemented                      problem. This was an effort that we ad-
                                               Senator       SULLIVAN,      Congressman                fully after 50 years. A total of 5.5 mil-              vanced several years ago, a decade or
                                               YOUNG, and I—is seeking to extend the                   lion acres are still under interim con-                so. Congress has allowed ANCSA cor-
                                               deadline through the end of next year.                  veyance, and another 1.5 million acres                 porations to open enrollment to de-
                                               We are basically saying: Look, fair is                  remain unconveyed from the original                    scendants through an affirmative vote
                                               fair. ANCs should have the time that                    entitlement.                                           of their current shareholders. As a re-
                                               they need and that others had.                            We have to provide the resources to                  sult, what we have seen is that about 5
                                                 While the Senate has agreed to pass a                 the Department of the Interior to com-                 regional corporations have opened en-
                                               broader bill that includes this exten-                  plete this very important work.                        rollment, and about 5 of the more than
                                               sion, it is stalled over on the House                     There are at least four more issues                  200 village corporations have done the
                                               side and really has left us with no clear               that we need to help resolve as well                   same. Unfortunately, so many of these
                                               path forward, even at this very late                    that I will mention.                                   small village corporations that want to
                                               hour. So that is something I am asking                    The first here on this list is really                open enrollment simply can’t afford




SSpencer on DSK126QN23PROD with SENATE
                                               my colleagues and the administration                    concerning to me, and it is actually                   this process. It is a relatively com-
                                               for their support on in gaining this                    really very devastating when you think                 plicated process.
                                               flexibility.                                            about it. This is the matter of contami-                 This is a problem that we are prob-
                                                 Another top priority for me is some-                  nated lands. This problem is not only                  ably going to have to address legisla-
                                               thing that was left out of ANCSA all                    not going away, it is getting worse.                   tively—not by directing Alaska Na-
                                               those years ago. Five communities in                      It really pains me to say, but signifi-              tives on what to do but by providing
                                               Southeast Alaska were missing from                      cant lands in Alaska, including for-                   some support and resources so that



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                                               S9268                                             CONGRESSIONAL RECORD — SENATE                                                  December 16, 2021
                                               they can make that choice at their dis-                   At the annual meeting of the Alaska                  Alaska from Russia. Within the agree-
                                               cretion.                                                Federation of Natives, which, I men-                   ment, there was acknowledgement of
                                                 One of the more significant promises                  tioned, just took place earlier this                   the Alaska Native people and their
                                               made to Alaska Native people dealt                      week, I reflected and recognized the                   lands, but, still, almost 100 years after
                                               with the issue of subsistence.                          generation of Alaska Native leaders                    the purchase from Russia, even fol-
                                                 In Alaska, subsistence is hunting, it                 who fought for the passage of ANCSA.                   lowing statehood for Alaska, the
                                               is fishing, and it is gathering. It is in-              It was their efforts that helped pave                  claims settlement that the Native peo-
                                               extricably tied to Native culture. It is                the way for the many Alaska Native                     ple had to their own lands was still in
                                               food security for places where grocery                  youth who may be watching back in                      limbo.
                                               stores simply don’t exist, or if they do                Alaska, across the country, and maybe                    It got a kick and a turbo charge
                                               exist, the food is so expensive that the                even around the world. I want them to                  when oil was discovered on Alaska’s
                                               average family can’t afford it. So this                 know about the work that was done to                   North Slope during a worldwide short-
                                               is, again, something where we need to                   pass this historic law and how it is ap-               age, which created new urgency to de-
                                               find fair solutions for Alaska Native                   preciated. As I reflect here today on                  velop Alaska for our resources but to
                                               subsistence rights.                                     the passage of this important law, I am                do so by settling these land claims.
                                                 The last issue I will bring up today is               hopeful about what ANCSA will rep-                       There were allies in the Federal Gov-
                                               something too significant not to ac-                    resent for our Alaska Native youth in                  ernment who were helpful, but it was
                                               knowledge. ANCSA was meant to be a                      the future.                                            truly the Alaska Native people and
                                               fair and just settlement, accomplished                    My colleague Senator SULLIVAN and I                  their determination to themselves and
                                               rapidly, with certainty and in con-                     have introduced a resolution to ensure                 to future generations and their resil-
                                               formity with the real economic and so-                  that the U.S. Senate recognizes the                    iency and brilliance which led to the
                                               cial needs of Native people without                     50th anniversary of ANCSA. Our reso-                   passage of ANCSA 50 years ago, which
                                               litigation. Congress wrote that into                    lution acknowledges the incredible ac-                 became the largest and, certainly,
                                               ANCSA itself. Yet, in reality, ANCSA                    complishments that Alaska Native peo-                  most innovative indigenous land set-
                                               severed Alaska Tribes from the Tribal                   ple have made through their ANCs over                  tlement, certainly, in U.S. history, and
                                               land base.                                              these past 50 years. There are many                    it is no exaggeration to say probably in
                                                 While many Alaska Native people are                   successes to acknowledge and to cele-                  the world—44 million acres of land
                                               owners in Native corporations that                      brate, but in its text, we also reflect on             going to the Native people of my State.
                                               manage Native traditional homelands,                    the work that is left ahead and the                      It brought tremendous educational,
                                               Alaska Tribal governments were not a                    promises left unfilled—the promises                    social, political, economic, and cul-
                                               consideration in the law. Alaska                        the Federal Government has made to                     tural achievements for the Alaska Na-
                                               Tribes, whose collective aboriginal                     Alaska Native people that must be                      tive people. It certainly wasn’t perfect,
                                               land rights led to the creation of                      honored.                                               but this body played a very important
                                               ANCSA, were left without a viable re-                     So I thank Senator SULLIVAN for                      role.
                                               source stream to effectively govern.                    standing with me to submit this impor-                   Now, there were obstacles, chal-
                                               They, too, need tools and resources to                  tant resolution, which acknowledges                    lenges. In fact, when you look back on
                                               create opportunities, and that is also                  the tenacity of the Alaska Native peo-                 the history over 50 years ago, it was
                                               an issue that we must consider in going                 ple and the success of ANCs over the                   kind of a classic David-and-Goliath
                                               forward.                                                past 50 years. I know that the dean of                 story.
                                                 But all of this—all of this—requires                  the House, Congressman YOUNG, joins                      Let me spend a few minutes going
                                               education and understanding. That is                    with us in acknowledging this golden                   back in time to set the stage for what
                                               going to be key, and that has been, un-                 anniversary.                                           was happening in Alaska.
                                               fortunately, lacking—severely lack-                       I would certainly encourage all of                     In 1954, the U.S. Department of the
                                               ing—as we have seen, repeatedly, mis-                   those who have had an opportunity to                   Interior did a health survey on the Na-
                                               guided attacks from Members here in                     hear my comments—I know my col-                        tive people of Alaska. Here is a quote
                                               Congress against ANCSA and its cor-                     league Senator SULLIVAN is going to                    from that survey: ‘‘The indigenous peo-
                                               porations. I will tell you, it is hard to               speak later as well—to just take a bit                 ple of Native Alaska are the victims of
                                               express how frustrating that is, how in-                of time to better understand this                      sickness, crippling conditions and pre-
                                               furiating these attacks truly are. But                  foundational law for Alaska Natives’                   mature death to a degree exceeded in
                                               one additional benefit of this 50th anni-               self-determination.                                    very few parts of the world. . . . health
                                               versary is the opportunity that it pro-                   Mr. SULLIVAN. Mr. President, today                   problems are nearly out of hand. If . . .
                                               vides us to help Congress, to help the                  I introduced a resolution with Senator                 Americans could see for themselves the
                                               administration, to help, really, the                    MURKOWSKI celebrating the 50th anni-                   large numbers of the tuberculosis, the
                                               American public understand ANCSA                        versary of the Alaska Native Claims                    cripple, the blind . . . the malnour-
                                               and the promises that were made with-                   Settlement Act—ANCSA, as we call it                    ished, the desperately ill among [this]
                                               in that settlement act.                                 back home in Alaska—which was an                       relatively small [Native] population,’’
                                                 Alaska Pacific University and the                     enormously consequential piece of leg-                 it would have a profound impact on
                                               Wilson Center’s Polar Institute have                    islation that, after years and years of                them. And it did.
                                               held a series of events that are free for               debate right in this body, passed the                    Even in the face of these crippling
                                               anyone who wants to learn and under-                    House, then passed the U.S. Senate,                    conditions, the Alaska Native people
                                               stand more about ANCSA. The Ted                         and then was signed into law by Presi-                 joined hands, joined hearts and said:
                                               Stevens Foundation is developing a                      dent Nixon on December 18, 1971, al-                   This is our land. We need rights to it.
                                               documentary on this. Indian Country                     most exactly 50 years ago to this day.                   They did this by coming together. In
                                               Today, First Alaskans magazine, Alas-                   It was a great day for Alaska.                         the mid-1960s, they formed the Alaska
                                               ka Public Media, and the Anchorage                        I know Senator MURKOWSKI was on                      Federation of Natives—AFN, as we call
                                               Daily News, among others, have all                      the floor earlier talking about ANCSA                  it back home—an entity that is very
                                               published long-form articles, exploring                 and why it is so important and why in                  important to our communities.
                                               ANCSA’s history, its meaning, its im-                   Alaska, right now, we have been cele-                    Of course, the Native people in our
                                               pacts, and its future. So I would en-                   brating 50 years of this important piece               State looked for potential allies. In the
                                               courage folks to take a look at that.                   of legislation.                                        lower 48, they gave speeches. They
                                                 I think it is also important to re-                     I want to go back in time a little bit               wrote columns. They formed their own




SSpencer on DSK126QN23PROD with SENATE
                                               member that, while ANCSA’s passage                      to help explain, because part of what                  newspaper, The Tundra Times, edited
                                               ushered in a period of self-determina-                  Senator MURKOWSKI and I do here is we                  by legendary Howard Rock, which was
                                               tion and self-governance for Alaska Na-                 are constantly talking about and edu-                  highly read throughout the State, cele-
                                               tive communities, it provided opportu-                  cating our colleagues about this very                  brated throughout the globe, and had
                                               nities for these communities to really                  unique legislation, which happened                     an enormous impact on bringing people
                                               look to the future. In short, ANCSA                     right here in the U.S. Senate.                         together.
                                               was designed to address the past by                       If you go back in time to 1867, that is                A few years ago, my team and I
                                               looking to the future.                                  when the United States purchased                       combed through some of the hearings



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                                               December 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                S9269
                                               that led to ANCSA. It was many years                    wrong people are running this hearing                  the globe. They have become the heart
                                               in development. There were field hear-                  and taking our testimony,’’ he said to                 and soul of our economy in Alaska, em-
                                               ings that took place in Alaska in 1968,                 the Senators. ‘‘It seems that [maybe]                  ploying thousands of both Alaska Na-
                                               1969—3 years before the passage of                      we should be on the bench and you peo-                 tive and non-Native people.
                                               ANCSA.                                                  ple should be . . . giving [us] the testi-               And they have prospered with their
                                                 Incredibly proud and determined first                 mony.’’                                                own initiative and with innovative ap-
                                               peoples from all over the State—                          I love that—strong words from Ma-                    proaches to fostering economic devel-
                                               Tlingit, Haida, Athabascan, Inupiat,                    rine Jerome Trigg, who had a very im-                  opment through self-determination.
                                               Yupik, Aleut—travel to Anchorage, to                    portant point to make.                                 And beyond the economic benefits,
                                               Fairbanks to give their testimony in                      So many in our communities testi-                    these ANCs, these groupings, these
                                               field hearings to U.S. Senators. Some                   fied in front of Congress. One happened                shareholders in these Alaska Native
                                               of them had never even left their vil-                  to be a beautiful, young Alaska Native                 entities created right here on this
                                               lages. Some of them didn’t even speak                   woman in her thirties from the village                 floor, provided benefits in terms of cul-
                                               English.                                                of Rampart named Mary Jane Fate,                       ture, language revitalization, scholar-
                                                 Many were veterans—and I am going                     who not only worked on this but came                   ships, burials, funeral assistance, and
                                               to talk briefly about that. Dozens and                  to Washington, DC, to lobby U.S. Sen-                  an enormous focus on education. Over
                                               dozens of young men and women, old                      ators to pass ANCSA. I had the very                    54,000 individual scholarships were
                                               men and women, all of them testifying                   great privilege of being the son-in-law                given to younger Alaska Native people.
                                               before U.S. Senators and Congressmen,                   of that great Native woman who, un-                      And, importantly, this law, passed by
                                               telling their stories of how they lived                 fortunately, passed away recently.                     this body, gave the Native people the
                                               off the land and the rights that they                   That was my mother-in-law, Mary                        opportunity to thrive; to continue to
                                               needed for thousands of years on the                    Jane Fate, who came to this body and                   live on their land, practice their cul-
                                               land.                                                   made sure Senators understood what                     ture, create leaders throughout the
                                                 They told stories of strong and resil-                was happening in Alaska and got them                   State. In what was once one of the
                                               ient people who had been able to thrive                 to vote for ANCSA 50 years ago.                        most impoverished places in the coun-
                                               in some of the harshest conditions in                     So here is what it did in a nutshell.                try are now, in many areas, strong, dy-
                                               the planet. But as I mentioned earlier,                 As I mentioned, it was the largest in-                 namic—health,       education,  housing,
                                               they also told stories of health chal-                  digenous land settlement in the history                food security, and sanitation have all
                                               lenges.                                                 of the country: 44 million acres of land,              improved immensely.
                                                 The first AFN president, Emil Notti,                  almost a billion dollars from the State                  We have a long way to go. There is
                                               who is still a great leader in Alaska,                  and Federal Government to transfer                     still a lot of misunderstanding. In Alas-
                                               then only 36 years old, spoke with pas-                 land in fee simple—not the reservation                 ka, you have Tribes, Tribal members,
                                               sion at these hearings and heartbreak                   system like you have in the lower 48,                  you have ANCs, and shareholders.
                                               about the conditions in rural Alaska.                   which was a huge innovation at the                     These are the Native people. You have
                                                 He said to a group of Senators in a                   time. They own this land. It is theirs.                crossover. And sometimes there is a
                                               hearing:                                                It is not held in trust by the United                  misunderstanding.
                                                 The indigenous people of Native Alaska are            States like it is in the lower 48 on In-                 For example, the American Recovery
                                               the victims of sickness, crippling conditions           dian reservations.                                     and Reinvestment Act specifically ex-
                                               and premature death to a degree exceeded in               Congress mandated the creation of                    cluded tens of thousands of Alaska Na-
                                               very few parts of the world.                            for-profit Alaska Native corporations                  tives because they were members of an
                                                 He told the committee then that life                  solely owned by Alaska Native share-                   organization that Congress created. My
                                               expectancy for the average Native                       holders. Twelve of these regional cor-                 own view was that was outrageous.
                                               Alaskan was 34 years old. This is in the                porations and 200 village ANCs were                      So that is why we need to keep edu-
                                               late 1960s. The average life expectancy                 created by the Congress. Sometimes                     cating our colleagues here. But overall,
                                               in the United States at that time was                   people talk about ANCs as if they were                 this was a story of success, of resil-
                                               69—34 years old to 69.                                  some foreign entity. They were actu-                   ience, of what can happen when you
                                                 Many spoke of how much they had                       ally created right here 50 years ago.                  allow people to take charge of their
                                               sacrificed for their country. And this is                 What did all of this do? It provided                 own destiny. It is a story of self-deter-
                                               an issue I never tire of talking about.                 economic opportunity. These were not                   mination and, in many ways, heroism,
                                               Alaska Natives serve at higher rates in                 typical entities, but they were more                   and it is a story for the ages.
                                               the U.S. military than any other eth-                   than just corporations. They were kind                   I am honored to represent these peo-
                                               nic group in the country. So they are                   of a combination: social, cultural, eco-               ple, wonderful people—many of whom
                                               fighting for their country in World War                 nomic. They passed on the values to                    the leaders are still alive who made
                                               II and Korea and Vietnam, and they                      the different shareholders.                            this happen 50 years ago—and their
                                               are coming home and they are being                        One of the great things about ANCSA                  children and grandchildren. We have
                                               denied fundamental rights themselves.                   was that it required, actually, the                    more work to do, but 50 years ago, on
                                                 Here is what Jerome Trigg, a leader                   sharing of revenues. Some of these re-                 December 18, 1971, it was the start of a
                                               and a marine from Nome, had to tell                     gional corporations did very well; oth-                new, positive, innovative chapter in
                                               U.S. Senators who were in Alaska. His                   ers didn’t. There were provisions early                the history of Alaska. And that is why
                                               testimony was said to have brought                      on that said, if these corporations are                Senator MURKOWSKI and I wanted to
                                               tears to the eyes of many. He looked at                 doing great and these aren’t, there is                 celebrate this very important mile-
                                               the U.S. Senators and said this: We                     going to be some sharing. It was called                stone this afternoon.
                                               have showed our patriotism as proudly                   the 7(i) provision. These provisions
                                               as any Americans on Earth. We have                      have been critical to the survival of                                    f
                                               answered the call of duty with pride in                 ANCs, which regional ANCs at times,
                                               serving in our military. In World War                   as I mentioned, were receiving more
                                               II, we answered the call 100 percent.                                                                           AUTHORITY FOR COMMITTEES TO
                                                                                                       revenue than others.
                                               Every man—old and young—in every                          So that day 50 years ago—December                                     MEET
                                               village volunteered with the Alaska                     18, 1971—was really an important day                     Mr. SCHUMER. Mr. President, I have
                                               National Guard.                                         for our State. How has it worked out?                  3 requests for committees to meet dur-
                                                 On Vietnam, which was raging at the                   It has worked out well, but, of course,                ing today’s session of the Senate. They




SSpencer on DSK126QN23PROD with SENATE
                                               time, he said: I have never heard of an                 we always have more work to do.                        have the approval of the Majority and
                                               Alaska Native burning their draft card                    Over the last 50 years, the Alaska Na-               Minority Leaders.
                                               or our Nation’s flag. We love our land,                 tive people have managed their lands                     Pursuant to rule XXVI, paragraph
                                               and we will sacrifice and fight to pro-                 to foster sustainable businesses, cre-                 5(a), of the Standng Rules of the Sen-
                                               tect it.                                                ated employment opportunities for all                  ate, the following committees are au-
                                                 He concluded with this thought,                       people—Native      and    non-Native—in                thorized to meet during today’s session
                                               which I love: ‘‘Sometimes I think the                   Alaska, across the country, and across                 of the Senate:



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